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2011 Supreme(Guj) 780

S.J.MUKHOPADHAYA, J.B.PARDIWALA
Vakatar Bhagvanjibhai Devabhai – Appellant
Versus
Additional Development Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Bharat T. Rao, Advocate.
For the Respondent:Mrs Manisha L. Shah, AGP and Mr H.S. Munshaw, Advocate.

JUDGMENT :

J.B. Pardiwala, J.

The appellant - original petitioner has preferred this Appeal under clause 15 of the Letters Patent, calling in question the legality, validity and propriety of the judgment and order dated 15th September 2010 passed by the learned Single Judge in Special Civil Application No.10991/2010, whereby the learned Single Judge dismissed the writ petition preferred by the appellant, confirming the orders passed by the competent authorities under the Gujarat Panchayats Act, 1993 (hereinafter referred to as, 'the Act') removing the appellant as Sarpanch of the village, in exercise of powers under Section 57(1) of the Act.

2. Brief facts relevant for the purpose of deciding this Appeal can be summarised as under:

    (1) The appellant - original petitioner was elected as Sarpanch of Bandra Gram Panchayat, Taluka Gondal, District Rajkot, and assumed post of Sarpanch on 28th January 2007.

(2) While holding the office of Sarpanch, he came to be served with a show-cause notice issued by the District Development Officer, Rajkot under Section 57(1) of the Act, calling upon the appellant to explain certain charges of misconduct in discharge of his duties as Sarpanch.

(3) It appea

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