The court upheld the removal of a Sarpanch for misconduct, affirming that due process was followed and principles of natural justice were adequately met.

ORDER :

SUNITA AGARWAL, C.J.

1. Having heard learned counsel for the parties and perused the record, pertinent is to note that the petitioner, who was elected as a Sarpanch of Dhokadava Gram Panchayat and assumed charge on the said post on 17.01.2022, was issued a showcause notice dated07.06.2024 under Section 57 (1) of the Gujarat Panchayat Act’ 1993 on the ground that the petitioner was guilty of misconduct in discharge of her duties and was called upon to show cause as to why the petitioner should not be removed from the post from being guilty of misconduct in discharge of her duties.

2. It is an admitted fact of the matter that pursuant to the showcause notice, the petitioner appeared before the District Development Officer, Gir Somnath, the competent authority and also filed her reply along with necessary documents. After the hearing was concluded on 03.09.2024, the order impugned dated 21.09.2024, subject matter of challenge in the writ petition, was passed by respondent No.3 removing the petitioner from the post of Sarpanch.

3. The only argument pressed into service by Mr. Shalin Mehta, the learned Senior Counsel appearing for the original petitioner / appellant herein is that the order impugned dated 21.09.2024 is based on the subsequent report dated 05.09.2024 submitted by the Taluka Development Officer (TDO), after conclusion of the personal hearing granted to the petitioner on 03.09.2024.

4. The submission, thus, is that this amounts to not affording due hearing to the petitioner, in asmuchas, the petitioner was not given opportunity to rebut the allegation made in the report dated 05.09.2024 submitted by the TDO. The contention is that the order impugned dated 21.09.2024 transcribed the report dated 05.09.2024 in verbatim while drawing conclusion for removal of the petitioner from the post of Sarpanch.

5. The submission is that once the report dated 05.09.2024 submitted subsequently by the Taluka Development Officer was made basis of passing of the order impugned or removal dated21.09.2024, it was incumbent upon the respondent No.3 to supply a copy of the said report so as to grant a fresh opportunity to the petitioner to counter the allegations therein.

6. It was argued by the learned Senior Counsel that in the proceedings under Section 57 of the Panchayat Act for removal of an elected Sarpanch from the office, no irrebuttable presumptions can be drawn about any of the circumstances stated in the said report.

7. The further submission was made on the merits of the allegations made against the original petitioner to argue that there were no allegations of financial embezzlement or causing loss to the Government Exchequer. The allegations of alleged irregularities committed in construction of toilet or the quality of construction were duly rebutted by the petitioner and the subsequent report dated 05.09.2024 was illegally relied upon ignoring the explanation afforded by the petitioner during the course of personal hearing concluded on 03.09.2024.

8. With these submissions, it was vehemently argued that there was no allegation of commission of any misconduct by the petitioner in discharge of her duties and the fact that a report was obtained behind the back of the petitioner after hearing was concluded on 03.09.2024, is sufficient to set aside the impugned order dated21.09.2024.

9. Reliance is placed on the decisions of the Apex Court and of this Court in the case of Bichchhubhai Bhabhlubhai Khuman Vs. State of Gujarat (Special Civil Application No. 9345 of 2014) to submit that the report of the TDO dated 05.09.2024, which has been relied on by the authorities since not supplied to the petitioner, the order of removal has to go.

10. Mr. Radhesh Y. Vyas, learned advocate appearing for the respondent No.3, the District Development Officer, however, supports the decision of the learned Single Judge for the reasoning given therein.

11. Noticing the above, we may record that the showcause notice dated 07.06.2024 was issued to the pet