BHAILALBHAI HIRALAL PATEL v. ADDL DEVELOPMENT COMMISSIONER & Ors.

CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 03/10/96 ORAL JUDGEMENT

1.(cid:9)Perused the file and heard learned counsel for the respondent. The petitioner, a Sarpanch of Asoj Gram Panchayat of Tal. Dist. Baroda filed this petition challenging thereunder the order dated 18th February, 1986 passed by the Additional Development Commissioner in appeal no.26/85. The petitioner was given a show cause notice by the District Development Officer Baroda dated 31st January, 1985 alleging certain irregularities committed by him on two occasions on 22nd June, 1982 and 27th November, 1982. Under the order dated 30th May, 1985, the petitioner was ordered to be disqualified from continuing as Sarpanch of Village Asoj and his seat was declared vacant under subsection 2 of sec. 25 of the Gujarat Panchayat Act, 1961. Against the said order, the petitioner filed an appeal before the Additional Development Commissioner which came be dismissed under the impugned order.

2.(cid:9)On 24th March, 1986, this Court made the order which is extracted below: Rule. Ad-interim relief to the extent that the petitioner to continue as Sarpanch till further orders. In view of the aforesaid interim relief granted by this Court, the petitioner would have completed his term as Sarpanch, and as such, nothing survives in this Special Civil Application. That appears to be the reason that nobody has put appearance on behalf of the petitioner.

3.(cid:9)In the result, this Special Civil Application is dismissed. Rule discharged. ********** zgs/-