ORAL JUDGMENT

1. With the consent of the learned advocates, appearing for the respective parties, the matter is taken up for final disposal. 2. Rule. Mr. Akash Chhaya, learned Assistant Government Pleader waives service of Rule on behalf of the respondent – State and Mr. H.S. Munshaw, learned advocate waives service of Rule on behalf of the respondent no.3.

3. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 4.7.2019 passed by the District Development Officer, District Panchayat, Navsari, i.e., respondent no.3 and the order dated 9.12.2019 passed by the Additional Development Commissioner, Gujarat State, Gandhinagar whereby, the petitioner has been suspended from the post of Sarpanch.

4. The facts as culled out from the record of the captioned writ petition are to the effect that the petitioner has been elected as Sarpanch of Choravani Gram Panchayat, Taluka Vansda, District Navsari in January 2017. According to the petitioner, he has served as Sarpanch for previous term and during his tenure, there was not a single complaint filed against him. On 29.5.2019, an FIR being C.R. No.1 of 2019 (hereinafter referred to as “the FIR”) has been filed with the ACB Police Station, Navsari under the provisions of Sections 7(A) and 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act of 1988’) by Shri Ishwarbhai Dhirubhai Talaviya (hereinafter referred to as “the Complainant”) against the petitioner and Mahendrabhai Chotubhai Garasiya, Sarpanch of Khanpur Gram Panchayat.

4.1 Under the scheme of Swachh Bharat Mission, the Complainant, resident of Village Raheja, Taluka Gandevi, was awarded contracts for construction of 55 toilets in Village Khanpur as well as Village Choravani of Taluka Vansda. Apropos the FIR, a trap was laid by Anti-Corruption Bureau, Surat and during the said trap, Mahendrabhai Chotubhai Garasiya, Sarpanch of Khanpur Gram Panchayat was caught red-handed, accepting bribe. As a result of the said trap, the petitioner and Shri Mahendrabhai Chotubhai Garasiya were arrested on 31.5.2019 and 30.5.2019 respectively and had remained in police custody for one day and two days respectively and thereafter, in judicial custody for another few days. The petitioner, on 12.6.2019 applied for bail and the Court of competent jurisdiction has released him on bail.

4.2 The petitioner remained behind the bars for 12 days, which led to initiation of the proceedings by the District Development Officer, District Panchayat, Navsari who, in exercise of the power conferred under sub-section (1) of Section 59 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as the ‘Act of 1993’), suspended the petitioner as Sarpanch. The petitioner, being aggrieved, preferred an Appeal No.42 of 2019 before the Additional Development commissioner who, while exercising the power under Section 59 (3) of the Act of 1993, dismissed the appeal and thereby, the order passed by the District Development Officer, stood confirmed. The petitioner, in the present petition is aggrieved by the order dated 4.7.2019 and order dated 9.12.2019.

5. The respondent no.3 has filed reply, vehemently opposing the entertainment of the writ petition. It has been stated that considered the nature of the complaint; the action of the Anti- Corruption Bureau and the fact that the petitioner remained in police and judicial custody in the case of acceptance of bribe, the conduct of the petitioner constituted an offence of moral turpitude and therefore, the proceeding was initiated under the provisions of Section 59 (1) of the Act of 1993. Accordingly, the petitioner was heard on 20.6.2019 and after considering the facts of the case, material on record, he came to be suspended from the post of Sarpanch of Choravani Gram Panchayat. Referring to the order passed by the Additional Development Commissioner in appeal, it is stated that the petitioner was heard at le