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HIGH COURT OF GUJARAT
SUNITA AGARWAL, PRANAV TRIVEDI
Rekhaben Abhalbhai Bambhaniya – Appellant
Versus
State of Gujarat – Respondent
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 t
The court upheld the removal of a Sarpanch for misconduct, affirming that due process was followed and principles of natural justice were adequately met.
The main legal point established in the judgment is that the removal of the petitioner from the post of Sarpanch was illegal and beyond the scope of Section 57(1) of the Gujarat Panchayats Act, 1993.
In exercise of discretionary power of judicial review under Article 226 of the Constitution, the High Court might interfere with administrative matters only if the decision is violative of fundamenta....
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
Disqualification of elected officials under the Maharashtra Village Panchayat Act can be upheld based on misconduct linked to their associates, even if direct involvement is not established.
Violation of principles of natural justice in administrative proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993.
Removal of a Sarpanch under Section 249 requires strict adherence to natural justice principles, including provision of enquiry reports, or risk invalidation of the order.
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 g....
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
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