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2022 Supreme(Guj) 1313

SANDEEP N. BHATT
Vikramsinh Samatsinh Chauhan – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Ms. Kruti M. Shah.
For the Respondents: Mr. Meet Thakkar, Mr. Tanmay B. Karia.

JUDGMENT :

1. The petitioner has challenged the orders impugned :- (i) dated 28.03.2022 passed by the Additional Development Commissioner, Gujarat State, Gandhinagar in Appeal No.67 of 2022 and (ii) dated 01.10.2021 passed by the District Development Officer, Panchmahalas under Section 57(1) of the Gujarat Panchayats Act, 1993, whereby the petitioner is removed from the post of Sarpanch.

2. Heard learned advocates for the respective parties. Rule. Learned advocates waive service of notice of rule on behalf of respective respondents.

3.1 Ms. Kruti M. Shah, learned advocate for the petitioner has submitted that the impugned orders are illegal, against the facts on record and without giving proper opportunity of defending the case and therefore, the same are required to be quashed and set aside.

3.2 She has further submitted that pursuant to the first show-cause notice dated 30.07.2021 issued by the District Development Officer, the petitioner has explained each and every allegations made in the said notice by his reply dated 09.08.2021 along with documentary evidence and the authority has withdrawn the said notice on the same day.

3.3 She has also submitted that the authority has iss

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