Gujarat High Court
Savitaben Kalubhai Patel vs The State Of Gujarat on 23 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/581/2025 ORDER DATED: 23/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 581 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 3165 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 581 of 2025
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SAVITABEN KALUBHAI PATEL
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR NAMAN K BRAHMBHATT(11307) for the Appellant(s) No. 1
MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 23/04/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) The only submission made to challenge the judgment and order dated 13.03.2025 passed by the learned single Judge is that all allegations made against the original petitioner/appellant herein under the provisions of the Prevention of Corruption Act, 1988 are false and concocted by the complainant, who is having personal grudge against the petitioner.
2. Taking note of the above, it is pertinent to note that the proceedings under the Prevention of Corruption Act are undertaken and the allegations are yet to be proved. It is pertinent to note that in view of the ACB trap, the petitioner caught red handed and she was arrested. This fact situation is sufficient to pass the order of suspension dated 21.09.2022 suspending the petitioner from working on the post of Sarpanch. The appellate Page 1 of 2 Uploaded by C.M. JOSHI(HC01073) on Fri Apr 25 2025 Downloaded on : Mon Apr 28 23:37:47 IST 2025 NEUTRAL CITATION C/LPA/581/2025 ORDER DATED: 23/04/2025 undefined authority vide order dated 10.02.2025 confirmed the order of suspension.
3. The contention of the learned advocate for the petitioner that the original order dated 21.09.2022 of suspending the petitioner had been passed without granting opportunity of hearing, much less full opportunity. The contention is that the original order dated 21.09.2022 had been passed in breach of principles of natural justice and this aspect of the matter has been overlooked by the appellate authority while passing the order dated 10.02.2025. All these submissions do not detain us for the simple reason that the petitioner was caught red handed in ACB trap and the allegations are under the provisions of Prevention of Corruption Act. In such a situation, the petitioner cannot be allowed to continue to work as Sarpanch and moreover, the only argument raised by the petitioner is about the allegations being false and concocted, which cannot be examined at this stage.
4. For the aforesaid, we do not find any error in the order passed by the learned single Judge. The appeal stands dismissed, accordingly. The Civil Application for stay also stands dismissed.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) C.M. JOSHI Page 2 of 2 Uploaded by C.M. JOSHI(HC01073) on Fri Apr 25 2025 Downloaded on : Mon Apr 28 23:37:47 IST 2025