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
undefined
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
==========================================================
AJAYBHAI NATHABHAI SORANI
Versus
THE STATE OF GUJARAT & ORS.
==========================================================
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
==========================================================
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
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
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
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:
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
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:
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
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
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.
(D.N.RAY,J)
ILA
