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2012 Supreme(Guj) 225

ABHILASHA KUMARI
Dineshbhai Govabhai Makwana – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Kamlesh S. Kotai, for the Petitioner No. 1.
Mr. Rohan Yagnik, learned Asst. Government Pleader, for the Respondents No. 1 and 2.
Mr. Rajesh Chauhan for Mr. H.S. Munshaw, for the Respondent No. 3.
Mr. Krunal D. Pandya, for the Respondent No. 4.

Judgment

Smt. Abhilasha Kumari, J.—Rule. Mr. Rohan Yagnik, learned Assistant Government Pleader, waives service of notice of Rule for Respondents Nos. 1 and 2, Mr. Rajesh Chauhan, learned advocate for Mr. H.S. Munshaw, waives service of notice of Rule for Respondent No. 3, and Mr. Krunal D. Pandya, learned advocate, waives service of notice of Rule for Respondent No. 4.

2. By preferring this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the legality and validity of the order dated 09.02.2012 passed by the Additional Development Commissioner, confirming the order dated 02.01.2012, passed by the District Development Officer, Mehsana, whereby, the petitioner has been removed from the office of Sarpanch.

3. Briefly stated, the relevant facts of the case are as follows:

The petitioner was elected as Sarpanch of Mitha Gram Panchayat, in the year 2007. According to the petitioner, Respondent No. 4, who was defeated by him in the election to the said office, made several false complaints against him, acting upon which the District Development Officer (respondent No.3), after issuing a Show Cause Notice dated 01.05.2010, to the petitioner, passe
































































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