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2013 Supreme(Guj) 93

ABHILASHA KUMARI
DASHRATHLAL ISHWARLAL PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR DIPAN DESAI, ADVOCATE for Petitioner
MS ASMITA PATEL, ASSISTANT GOVERNMENT PLEADER for Respondent No. 1
MR RAJESH CHAUHAN FOR MR HS MUNSHAW, ADVOCATE for Respondent No. 3
RULE SERVED BY DS for the Respondent(s) No. 1 - 4

JUDGEMNT

1. By preferring this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 16.05.2012, passed by respondent No.2 Additional Development Commissioner, Panchayat Department, Gandhinagar, whereby the appeal filed by the petitioner against the order dated 08.011.2010, passed by respondent No.3 District Development Officer, District Panchayat, Patan, removing him from the post of Sarpanch of Sujanpur Gram Panchayat, has been rejected.

2. Briefly stated, the case of the petitioner is that while he was performing his duties as an elected Sarpanch of Sujanpur Gram Panchayat, Taluka: Siddhpur, District: Patan, a show cause notice came to be issued to him on 27.08.2009, by respondent No.3, calling upon him to show cause why he should not be removed from the post of Sarpanch on the ground of alleged irregularities committed in the work of laying of the road from the Pond till the Highway. It is stated in the show cause notice that upon asking the villagers, it was noticed that the work of laying the road was performed by the use of machinery, rather than through employment of labourers. The petitioner replied to the show cause notice o


























































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