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2021 Supreme(Guj) 783

ASHUTOSH J.SHASTRI
TAKHIBEN KARAMSHIBHAI BHARWAD – Appellant
Versus
ADDITIONAL DEVELOPMENT COMMISSIONER – Respondent


Advocates Appeared:
For The Appellant :MR CHITRAJEET UPADHYAY ADVOCATE for MR. KIRTAN H MISTRY
For The Respondent: MR KURVEN DESAI ASSISTANT GOVERNMENT PLEADER, MR HS MUNSHAW

ORDER :

1. By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs :-

    “9(a) To admit and allow the petition;

(b) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 01.04.2021 by respondent no. 1 authority and order dated 28.10.2020 passed by respondent no. 2 authority;

(c) To call for the copy of the records and proceedings of appeal no. 81 of 2020 before the respondent no. 1 authority;

(d) To stay the operation, implementation and execution of the order dated 01.04.2021 passed by respondent no. 1 authority pending hearing and final disposal of the present petition;

(e) To grant ex-parte ad-interim relief in terms of para (d) hereinabove;

(f) To grant such other and further reliefs as the circumstance requires.”

2. The background of the present case is that the petitioner was elected as a Sarpanch of Koth Gram Panchayat, Taluka : Dholka, District : Ahmedabad in January, 2017 and since then was working as a Sarpanch of the said Gram Panchayat in exercise of powers under Sections 57 of the Gujarat Panchayats Ac

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