Gujarat High Court
Ajaybhai Nathabhai Sorani vs The State Of Gujarat on 25 February, 2025
NEUTRAL CITATION
C/SCA/9914/2024 ORDER DATED: 25/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9914 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 9914 of 2024
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AJAYBHAI NATHABHAI SORANI
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR AMAR D MITHANI(484) for the Petitioner(s) No. 1
MR YV VAGHELA(2450) for the Petitioner(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1
AVANI V PATEL(8016) for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE D.N.RAY
Date : 25/02/2025
ORAL ORDER
1. The petitioner came to be elected as Sarpanch to Bedla Gam Panchayat and appointed to the said post in January 2022. By show cause notice dated 15/06/2023, respondent no.2 initiated proceedings under Section 57(1) of the Gujarat Panchayats Act, 1961. The grounds for issuance of show cause notice are unimportant for the purpose of the present petitioner, inasmuch as, the present petitioner is essentially contending breach of principles of natural justice. It is the specific case of the petitioner that several documents including the inquiry report on the basis of which the Page 1 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Fri Feb 28 2025 Downloaded on : Sat Mar 01 00:16:11 IST 2025 NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined proceedings were initiated were not provided to the petitioner. By order dated 07/07/2023 passed by the District Development Officer, Rajkot (Respondent No.3), the petitioner was removed from the post of Sarpanch. On appeal against the same, the Additional Development Commissioner, Gandhinagar (Respondent No.2) confirmed the order dated 07/07/2023 by dismissing the said appeal vide order dated 11/06/2024. The aforesaid order dated 07/07/2023 passed by respondent no.3 and 11/06/2024 passed by respondent no.2, respectively are the subject matter of challenge in the present petition which has been filed with, inter alia, the following prayers:
"(B) Your Lordships may be pleased to issue an appropriate writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 11.06.2024 passed by the respondent no.2 - Additional Development Commissioner in Appeal No.31 of 2024 as well as the order dated 07.07.2023 passed by the Ld. District Development Officer, Rajkot - respondent no.3 as the same being illegal and bad in law. (Annex.'A') and Page 2 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Fri Feb 28 2025 Downloaded on : Sat Mar 01 00:16:11 IST 2025 NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined (Annex.'E').
(C) Pending admission and final disposal of this petition, Your Lordships may be pleased to stay the implementation, operation and execution of impugned order dated 11.06.2024 passed by the respondent no.2 -
Additional Development Commissioner, Gandhinagar in Appeal No.31/2024 (Annex.'A') as well as the order dated 07.07.2023 passed by the Ld. District Development Officer, Rajkot - respondent no.3 (Annex.'E') in any manner whatsoever."
2. Learned Counsel Mr. Amar D. Mithani appearing on behalf of petitioner, instructed by learned advocate Mr. Y. V. Vaghela for the petitioner, categorically submits that although much can be said on merits and that the entire exercise was mala fide from the start and aimed solely to remove the petitioner as Sarpanch though duly elected will be apparent from the manner in which the show cause notice dated 15/06/2023 came to be issued. Within a short period of time (three weeks) thereafter, without supplying the necessary documents which were sought to be relied upon by Page 3 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Fri Feb 28 2025 Downloaded on : Sat Mar 01 00:16:11 IST 2025 NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined respondent no.3 and specifically stated in the subject matter of the notice dated 15/06/2023, the petitioner was removed as Sarpanch by order dated 07/07/2023.
3. Leaned Counsel Mr. Mithani has relied upon the decision of this Court in the case of Chunilal Nathabhai Harkhani vs. State of Gujarat reported in 2010 (0) AIGEL-HC 227723, particularly para-15 to 17 of the said decision.
4. Learned AGP Mr. Sahil Trivedi for the respondent-State Authority submits that the show cause notice dated 15/06/2023 has not been challenged before this Court. Therefore, in case this Court is of the opinion that any relief is required to be granted to the petitioner, the suitable order may be passed without disturbing the show cause notice dated 15/06/2023. Learned AGP Mr. Trivedi further submits that in the facts of the case there being concurrent orders of the respondent nos.3 and 2 respectively, this Court may be slow to interfere in such decision.
Discussion and Finding:
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NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined
5. Perusal of the show cause notice dated 15/06/2023 would reveal that apart from the several documents in the body of the said notice in the captioned/subject matter itself, the following three documents have been referred to;
(1) Letter dated 10/04/2023 of the applicant Bhagvanjibhai Jijaria, Bedla, Rajkot. (2) Report of Deputy Executive Engineer, Public Health Machinery Sub Division No.1, Rajkot being Report-1/Bedla/764 dated 19/05/2023. (3) Report of Superintendent of District Development Agency, Rajkot being JGV/NK/VASHI/606 dated 02/06/2023.
6. It is not disputed that the notice of the said documents have not been supplied to the petitioner.
7. This Court, while issuing notice in the matter vide order dated 09/07/2024, had categorically recorded as under:
"Mr. Amar Mithani, learned advocate for Mr. Y.V Vaghela, learned advocate for the petitioner, submitted Page 5 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Fri Feb 28 2025 Downloaded on : Sat Mar 01 00:16:11 IST 2025 NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined that the show cause notice dated 15.06.2023. was issued to the petitioner on two fold grounds. Reference was made of the reports, the petitioner therefore, submitted an application requesting authorities to provide the copies of the report on 19.06.2023, so as to enable the petitioner to submit the reply. Since report was not provided and the petitioner was asked to file the response, once again a request was made; however, the said request, was also not responded to, and immediately on 07.07.2023, the order has been passed. A specific contention was raised about non supply of copies of the report, complaint and the statements. Without considering the said contention, that the order has been passed removing the petitioner as a Sarpanch. Appeal was filed under section 57(3) of the Gujarat Panchayats Act,1993, the same has also been rejected. It is submitted that the appellate authority, in a slipshod manner has dealt with the contentions about non-supply of the documents.
2. It is submitted that one of the allegations against the petitioner is lapse on the part of the petitioner, acting as head of the water management committee. Assuming without admitting that there was a lapse, the petitioner ought to been removed as President and not as Sarpanch. Reliance is placed on the judgment in the case of Chunilal Nathabhai Harkhani Vs. State of Gujarat reported in 2010(0) AIJEL-HC 227723, wherein this Court, has held and observed that non supply of the copy of the report and the other materials relied upon by the authorities, would be in violation of principles of natural justice.
3. Considered the submissions. Issue notice and notice as to interim relief, to the respondents returnable on 29.07.2024.
4. Direct service is permitted."
8. In case of Chunilal (supra) this Court had categorically held as under:
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NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined "15. From a perusal of the impugned order and other material no record and keeping in view the judicial pronouncements discussed hereinabove, in the considered view of this Court, there has been a serious violation of the principles of natural justice by not supplying a copy of the inquiry report and other material relied upon by the District Development Officer to the petitioner, before passing the impugned order dated 20.02.2009. No doubt, the Additional District Development Officer (respondent No.3) could have rectified the situation in appeal, but chose not to deal with this ground, which has specifically been raised before him, by the petitioner.
16. In view of the above, as the petitioner has not been granted an opportunity to defend himself in relation to the material relied upon against him, the impugned orders, dated 24.07.2009, passed by respondent No.3 and 20.02.2009, passed by respondent No.2, cannot be sustained in law.
17. Accordingly, the said two orders are quashed and set aside. The matter is remanded to the District Development Officer (respondent No.2) for fresh hearing, after supplying the petitioner with a copy of the inquiry report and other material relied upon against him. The petitioner may make appropriate application in this regard to respondent No.2. After the requisite documents have been supplied, respondent No.2 may hear the parties afresh and pass an order, in accordance with law."
9. In view of the aforesaid position, this Court finds that the order dated 07/07/2023 has been passed without adherence to the principles of natural justice, inasmuch as, the relied upon documents including the inquiry report, upon which the show Page 7 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Fri Feb 28 2025 Downloaded on : Sat Mar 01 00:16:11 IST 2025 NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined cause notice and the said order dated 07/07/2023 are founded, have been denied to the petitioner.
10. Consequently, the appellate order dated 11/06/2024, confirming the order dated 07/07/2023 is also unsustainable.
11. Considering the facts and circumstances of the case impugned orders dated 07/07/2023 and 11/06/2024 are quashed and set aside.
12. Learned Counsel Mr. Amar D. Mithani appearing on behalf of learned advocate Mr. Y. V. Vaghela for the petitioner no.1 submits on a specific query by the Court that as on date no election has been held for the post of Sarpanch and that at best the Deputy Sarpach is functioning and holding the powers of the Sarpanch (the post held by the petitioner prior to his removal).
13. The respondent is directed to supply the copies of the documents referred to in the show cause notice dated 15/06/2023 namely (1) Letter dated 10/04/2023 of the applicant Bhagvanjibhai Jijaria, Bedla, Rajkot, (2) Report of Page 8 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Fri Feb 28 2025 Downloaded on : Sat Mar 01 00:16:11 IST 2025 NEUTRAL CITATION C/SCA/9914/2024 ORDER DATED: 25/02/2025 undefined Deputy Executive Engineer, Public Health Machinery Sub Division No.1, Rajkot being Report-1/Bedla/764 dated 19/05/2023 and (3) Report of Superintendent of District Development Agency, Rajkot being JGV/NK/VASHI/606 dated 02/06/2023 as well as further documents which are relied upon in the said show cause notice.
14. It is clarified that the present order is passed solely on the ground of non-fulfillment of the principles of natural justice as held by this Court in the decision of Chunilal (supra). This Court has abstained from the examination of the merits of the show cause notice dated 15/06/2023.
15. With the aforesaid observations, the present petition stands disposed of.
16. In view of disposal of the present petition as aforesaid, the connected civil application also stands disposed of.
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