Point of law: Section 30 of the Gujarat Panchayats Act in light of the present undisputed facts which are stated herein above is giving an impression that the some undue favour appears to have been given to son of the petitioner inasmuch as that though quotations were given by three companies, the work was entrusted to the son’s company, but then, the stand that in the entire village there is only one JCB machine, is falsified, looking at the record of the petition itself, and secondly for assigning work, no Resolution is passed which is an undisputed position.

ORDER :

1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief :-

“11(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and be pleased to quash and set aside the impugned order dated 16.09.2020 passed by respondent no. 2 and further be pleased to direct the respondents to allow the petitioner to discharge his duties as Sarpanch of the Jamkandorna Gram Panchayat in the interest of justice.

(B) Your Lordships may be pleased to stay the implementation, operation and execution of the impugned order dated 16.09.2020 passed by the respondent no. 1 in Appeal No. 1 of 2020 as well as order dated 29.08.2020 passed by respondent no. 2, pending the admission, hearing and final disposal of this petition.

(C) Your Lordships may be pleased to direct the respondents to allow the petitioner to discharge his duties as Sarpanch of Jamkandorna Gram Panchayat pending the admission, hearing and final disposal of this petition;

(D) Your Lordships be pleased to pass such other and further order as the nature and circumstances of the case may be required.”

2. The case of the petitioner is that Jamkandorna Gram Panchayat had, under the instructions from respondent no. 1 used JCB Machine of son of the petitioner for removing water logging and constructing wall of the Kabrastan and had given Rs.18,800/- during the year 2017. To that effect bills were approved by the Panchayat, payment was done to son of the petitioner, who is residing separately and according to the petitioner, there is only one JCB machine in the entire village and as the same was used in the work of Panchayat after analyzing rates given by different persons. However, on account of the complaint made by respondent no.4, who happened to be an RTI activist, steps were taken under Section 30(1) (g) of the Gujarat Panchayats Act to disqualify the petitioner.

3. In response to this, a show cause notice was issued on 22.07.2020 indicating as to why the petitioner be not removed from the post of Sarpanch in exercise of power under Section 32(2) of the Gujarat Panchayats Act, mainly on the ground that there is violation of Section 30(1)(g) of the Gujarat Panchayats Act. * The said show cause notice has been replied by the petitioner on 04.08.2020 by submitting the same to respondent no. 2 along with all the necessary documents and also explained the procedure which was adopted before giving JCB machine work, but according to the petitioner, without considering the said detailed explanation and without affording any appropriate opportunity, the petitioner came to be removed from the post of Sarpanch vide order dated 25.08.2020 passed by respondent no. 2. In view of this, in purported exercise of power under Section 32(2) of the Gujarat Panchayats Act, vide order dated 29.08.2020, the petitioner was declared as unfit and disqualified to hold the post of Sarpanch and directed to hand over the charge to a person indicated therein. According to the petitioner, the only grievance is that the work was entrusted to son of the petitioner who is separately residing all together. However, be that as it may, against the said impugned order, the petitioner preferred an appeal before respondent no. 1 being Appeal No. 1 of 2020 challenging the said order dated 29.08.2020. The said appeal came up for consideration, but according to the petitioner, in mechanical exercise of power, the appellate authority has confirmed the order passed by respondent no. 2 and dismissed the appeal vide order dated 16.09.2020, which orders are the subject matter of present petition under Article 226 of the Constitution of India.

4. The petition was originally entertained by issuance of notice vide order dated 26.10.2020 and later on after pleadings having been completed, the matter has come up for consideration before this Court. In the midst of hearing, learned advoca