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2016 Supreme(Guj) 806

C.L.SONI
Aatulbhai Tapubhai Nakum – Appellant
Versus
State of Gujarat, Through Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:B.M. Mangukiya, Bela A. Prajapati, Advocate.
For the Respondent: Janak Raval, Asstt Govt Pleader, C.P. Chaniyara, Dinesh N. Trivedi,
Notice Served for respondent nos. 1 and 2
D.S. Aff. Not Filed (N) for Respondent Nos. 4 – 6

JUDGMENT

C.L. Soni, J. (Oral) - The matter is taken up for final hearing and disposal with consent of learned advocates for the parties. Hence, RULE. Learned Assistant Government Pleader Mr. Janak Raval for respondent Nos.1 and 2 and learned advocate Mr. C.P. Chaniyara for respondent No.3 waive service of Rule. Respondent Nos.4 to 6 being formal parties, Rule is not required to be issued to them.

2. By the present petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 5.12.2014 passed in Appeal No.83 of 2014 preferred by the petitioner against the order dated 24.9.2014 passed by respondent No.3- District Development Officer suspending the petitioner from the office of the Sarpanch in exercise of the powers under Section 59 of the Gujarat Panchayat Act, 1993 (‘the Act’).

3. The case of the petitioner is that one Somabhai Rajabhai Rathod since established an Unit of grinding bones just at the distance 200 to 300 meters from the residential area of the village, the petitioner as a Sarpanch wrote to the Pollution Board on 26.11.2013 and to other authorities on behalf of the people of the village who suffered lot of hardships and unbear












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