Point of law: It is thus well settled that writ petition should normally not be entertained against mere issuance of show cause notice. In the present case no show cause notice was even issued when the High Court had initially entertained the petition and directed the Department to prima facie consider whether there was material to proceed with the matter.

JUDGMENT :

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

“(A) Be pleased to issue a writ of prohibition and a writ of mandamus or a writ in the nature of prohibition and mandamus or any other appropriate writ, order or direction and to quash and set aside the impugned show cause notice issued by the respondent dated 05-07/08/2021 - Annexure - K;

(B) Pending admission and final disposal of the present petition, be pleased to stay the implementation, operation and execution of the impugned show cause notice issued by the respondent dated 05-07/08/2021 - Annexure - K, and further be pleased to retrain the respondent, his agents and servants from restraining the petitioner from discharging her duty as a Sarpanch of Gadariya Gram Panchayat;

(C) Be pleased to pass such other and further orders as may be deemed fit and proper.”

2. The case of the petitioner is that the petitioner belongs to Socially and Economically Backward Class, who contested the election of Gram Panchayat, Gadariya in December 2016 and was elected as Sarpanch of Gram Panchayat, Gadariya. The first meeting of Gram Panchayat was held on 24.10.2017 and from that date, the petitioner took the charge as Sarpanch. The petitioner contested the said post on the seat of Socially and Economically Backward Class - woman category. The Panchayat comprises of 10 members and one Sarpanch. It is the say of the petitioner that the Talati-cum-Mantri, at the relevant point of time, was one Ms. Margiben Shah and she was posted from 2017 at Gadariya Gram Panchayat and was transferred in June 2019. The said Talati-cum-Mantri never cooperated with any of the Panchayat matters and had become arrogant and unbecoming of her office. According to the petitioner, on account of such conduct of Talati-cum-Mantri, various complaints were made by Sarpanch and other members of Gram Panchayat about irregularities committed by the said Talati-cum- Mantri not only about her working but also about her behaviour. One application was also submitted to the District President on 27.09.2018 indicating that the said Talati-cum-Mantri is behaving in a very graceful manner and is refusing to cooperate in any of the works of the Gram Panchayat along with the other grievances which are mentioned. However, according to the petitioner, no steps were taken. By narrating this, the petitioner has then submitted that the show cause notice came to be issued in exercise of powers under sub-section (1) of Section 57 of the Gujarat Panchayats Act calling upon the petitioner as to why she should not be removed from the post of Sarpanch on account of irregularities and negligence in discharge of her duties and also for abusing her office. It was also alleged about financial irregularities and thereby called upon the petitioner to remain present before the respondent on 14.11.2019 to submit her representation. The show cause notice contains 13 articles of charges levelled against the petitioner, but then relying upon the report of Accounts Officer, District Panchayat, Valsad dated 20.08.2018, present show cause notice was issued. According to the petitioner, the said notice had been replied denying all the charges levelled against her and then, the authority, in exercise of power under Section 57(1) of the Act, issued an order on 06.01.2020 removing the petitioner from the post of Sarpanch of Gadariya Gram Panchayat. Feeling aggrieved and dissatisfied with the said order, the petitioner approached the appellate authority under Section 57(3) of the Act by preferring Appeal No. 7 of 2020 along with application for interim relief. Since no hearing had taken place, the petitioner, at the relevant point of time, was constrained to preferred a writ petition being Special Civil Application No. 12526 of 2020 and the Hon’ble High Court vide order dated 11.02.2021 disposed of the same since the Additional Development Commissioner, Gujarat State was pleased to pass