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2021 Supreme(Guj) 518

SANGEETA K.VISHEN
RAMANBHAI SANTUBHAI RAUT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR. NISHIT P GANDHI
For the Respondent: MR. AKASH CHHAYA, ASSISTANT GOVERNMENT PLEADER, MR HS MUNSHAW

JUDGMENT :

1. With the consent of the learned advocates, appearing for the respective parties, the matter is taken up for final disposal.

2. Rule. Mr. Akash Chhaya, learned Assistant Government Pleader waives service of Rule on behalf of the respondent – State and Mr. H.S. Munshaw, learned advocate waives service of Rule on behalf of the respondent no.3.

3. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 4.7.2019 passed by the District Development Officer, District Panchayat, Navsari, i.e., respondent no.3 and the order dated 9.12.2019 passed by the Additional Development Commissioner, Gujarat State, Gandhinagar whereby, the petitioner has been suspended from the post of Sarpanch.

4. The facts as culled out from the record of the captioned writ petition are to the effect that the petitioner has been elected as Sarpanch of Choravani Gram Panchayat, Taluka Vansda, District Navsari in January 2017. According to the petitioner, he has served as Sarpanch for previous term and during his tenure, there was not a single complaint filed against him. On 29.5.2019, an FIR being C.R. No.1 of 2019

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