- (1.)HEARD Mr. Gondalia, learned advocate for the petitioner, and Ms. Pathak, learned AGP, who has appeared on advance service of copy of the petition.
(2.)IN present petition, the petitioner has prayed, inter alia, that: -
"9B) This Hon'ble may kindly be pleased to issue writ of mandamus or any other appropriate writ, order or direction in the nature of writ and thereby quash and set aside the impugned order dated 22.01.2015 passed by the respondent no.1 at Annexure A and the order pass by the respondent No. 2 dated 18/27 -10 -2014 at Annexure - B in the interest of justice.

C) This Hon'ble may kindly be pleased to stay the implementation, execution and operation of the impugned orders dated 22.01.2015 passed by the respondent no.1 at Annexure A as well the order dated 18/27 -10 -2014 passed by the respondent No. 2 at Annexure -B pending admission till final disposal of the present petition;

D) This Hon'ble Court may kindly be pleased to grant ad - interim relief in terms of clause (C) of the prayer clause above mentioned;

E) This Hon'ble may kindly be pleased to grant any other and further re1ief(s) as the nature and circumstances of the case may require in the interest of justice."

(3.)SO as to justify the relief prayed for in the petition, the petitioner has averred and stated that: -
"4.1 The petitioner is the elected member of Ratang Gram Panchayat of Taluka: Visavadar, District: Junagadh and therefore he was elected as a Sarpanch of Ratang Gram Panchayat as per the provisions of The Gujarat Panchayat Act, 1993.(Which herein after may kindly be referred as "the said act" for the sake of convenience and brevity).

4.2 Being a Sarpanch of the Gram Pamchayat the present petitioner passed a resolution to give consent/permission to forest department to grow tress as a part of the "Gramvan Vruksh Vatika". The resolution passed was passed with consent of members of development of the gram panchayat. Thereafter the forest department also wrote a letter dated 25.02.2013 to Collector, Junagadh in which it is clearly stated that no title of the said land was transferred to the forest department and the only purpose of the forest department was to grow trees on the said land. So the permission given to the forest department to grow trees in the said land was for a limited period of time and the land was to be handed over to the Gram Panchayat after the expiry of the said limited period. ...

4.3 It is humbly submitted that the proceedings are initiated against the petitioner on the basis of one application filed by the Up -Sarpanch and other three members where in absolutely false and frivolous allegations are made against the petitioner as petitioner had taken the action to remove the encroachment made by the father of Sarpanch brother in law of the one of the member who signed such application namely Manjulaben Bhupatbhai Rathod. ....

4.4. The respondent no.2 issued show cause notice dated 20.09.2013 to the petitioner under Section 159(1) of the Act, whereby, the petitioner was asked to _ give explanations as to why he should not be removed from the post of Sarpanch under the provisions of Section 57(1) of the Act. In the said notice the petitioner was asked to explain two causes one of which was that a land of Panchayat was given to Forest Department by a resolution dated 04.09.2013 by forging a rubber stamp of Talati -cumMantri and by passing a false resolution without informing the members of the Panchayat and thereby misused the position of a Sarpanch and secondly that in pursuant to the afore stated offence of forgery a complaint came to be filed before Visavadar Police Station being C.R.No.I - 59/2013 on 26.08.2013 for the offences punishable under Sections 471, 472, 473 of the Indian Penal Code. It is further submitted that the present petitioner is granted regular bail in connection with above said. FIR by a competent Court.....

4.5. The petitioner appeared before the respondent no.1 and submitted' his reply and explained the true and correct facts and stated that he has not committed any wrongful act while discharging his duty as a Sarpanch of the Gram Panchayat. There was an encroachment by the villagers on the Gauchar/Panchayat land. The necessary steps were taken to remove the said encroachment, the petitioner took hard steps for the betterment of the village and to protect the environment, the land was given to the forest department and not to any private person. The petitioner stated that he has not misused the position and not taken any gain out of the same. The complaint filed against him is falsely filed just with a view to get removed the applicant from the position as a Sarpanch. .....

4.6 The petitioner states and submits that the respondent no.2passed an order dated 18/27.10.2014 under Section 57(1) of the Act removing the petitioner from the post of Sarpanch of Ratang Village. ....

4.7 Being aggrieved by the order of respondent no.1 dated 18/27.10.2014, the petitioner preferred an appeal before the respondent no.1and produced all necessary and relevant documents before the respondent no.1 who is a competent Appellate Authority. The copy of the appeal is produced hereto and marked as Annexure -G to the present petition. However, the respondent no.1 also rejected the appeal of the present petitioner by order dated 22.01.2015 at Annexure -A."

The petitioner is aggrieved by the order dated 22.1.2015 passed by the Addl. Development Commissioner, i.e. respondent No.1 whereby the said authority has confirmed the order dated 27.10.2014 passed by first / original authority removing the petitioner from the post of Sarpanch.