Prafulbhai Champaklal Rathod vs State Of Gujarat
2022 Latest Caselaw 2608 Guj

    C/SCA/4696/2022                                ORDER DATED: 08/03/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 4696 of 2022

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                      PRAFULBHAI CHAMPAKLAL RATHOD
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR. MR BUKHARI(6919) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MS JYOTI BHATT, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                             Date : 08/03/2022

                              ORAL ORDER

1. This petition under Article 226 of the Constitution of India is filed for quashing and setting aside the show-cause notices dated 03.11.2021 and 23.11.20211 issued by the respondent no.2.

2. The issue essentially pertains to suspension of the petitioner as a Sarpanch on account of misconduct of the nature of moral turpitude. The show-cause notices indicate that the petitioner has consumed alcohol as a result of which FIR came to be registered and over and above the offence under the provisions of Prohibition Act, there is another offence under the provisions of IPC. As the show-cause notices indicate the grounds, it would be appropriate to leave the petitioner to answer the show-cause notices to which it is submitted that the petitioner has already answered the show-cause notices, but thereafter, no step has been taken.

C/SCA/4696/2022 ORDER DATED: 08/03/2022

3. Learned advocate for the petitioner states that he would like to rely upon the decision of this Court passed in Special Civil Application No.12134 of 2020 dated 05.01.2021, wherein it is indicated that the complaint for which the action is initiated whether shows any offence involving moral turpitude has to be indicated in the reasonings of the order of suspending the Sarpanch while exercising powers under Section 59 of the Act.

4. It is open for the petitioner to cite above mentioned judgment before the concerned authority, who is to adjudicate upon the show-cause notices. However, no case is made out for interference, at this stage, as the petitioner has approached at the stage of show-cause notice when ample opportunity is available to the petitioner to make out the grounds which the petitioner has sought to make out before this Court.

With the aforesaid, the present petition stands disposed of.

(A.Y. KOGJE, J) GIRISH