#. In this petition filed under Article 226 of the Constitution of India, the petitioner President of Taluka Panchayat, Mahuva, has challenged the legality and validity of the show cause notices dated 15.12.2004 and also prayed for directing the respondents to forbear permanently from proceeding with the notices at Annexures-F and I dated 15.12.2004 purported to have been issued in exercise of the powers under Section 71 of the Gujarat Panchayats Act, 1993 ("the Act" for short).
#. It appears that the petitioner is a President of Taluka Panchayat, Mahuva. Two show cause notices have been issued upon the petitioner under Section 71 of the Act, by which, for the allegations levelled in two show cause notices which are at Annexures-F and I, the petitioner is called upon to show cause as to why the petitioner should not be removed as President of the Taluka Panchayat.
#. Mr.B.M.Mangukiya, learned advocate appearing for the petitioner, has submitted that the impugned notices at Annexure-F and I dated 15.12.2004 are without jurisdiction and none of the allegations which are mentioned in the show cause notices would fall within Section 71 of the Act. He further submitted that the allegations which are mentioned in the show cause notices are not existing and at no point of time, the petitioner has ever refused not to open the tenders and/or shown any non-cooperation. He further submitted that even the allegation with regard to encroaching upon the plot in question is also factually incorrect, and, therefore, requested to set aside the show cause notices and/or restrain the respondents permanently from proceeding further with the show cause notices.
#. Section 71 of the Act under which the notices have been issued reads as under.:
"(1)The competent authority may remove from office any member of a panchayat or any President or Vice-President thereof after giving him an opportunity of being heard and giving due notice in that behalf to the panchayat and after such inquiry as it deems necessary, if such member, President or Vice President has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses his powers or makes persistent default in the performance of his duties and functions under this Act or has become incapable of performing his duties under this Act. The President or as the case may, be the Vice President so removed may at the discretion of the competent authority also be removed from the membership of the panchayat.
(2)The competent authority may, after following the procedure laid down in sub-section (1), disqualify for a period not exceeding five years, any person who has resigned his office as a member, President or Vice-President or otherwise ceased to hold any such office and has been guilty of misconduct specified in sub-section (1) or has been incapable of performing his duties.
Provided that an action shall be taken within six months from the date on which the person resigns, or ceases to hold, any such office.
(3)Any person aggrieved by an order of the competent authority under sub-section (1) or (2) may within a period of thirty days from the date of the communication of such order appeal to the prescribed authority."
#. If any member, President or Vice President is found to be guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses his powers or makes persistent default in the performance of his duties and functions under this Act or has become incapable of performing his duties and functions under this Act, the President or as the case may be the Vice President can be removed by the competent authority. Considering the allegations levelled in the show cause notices, prima facie, it cannot be said that provisions of Section 71 of the Act are not attracted and it cannot be said that show cause notices issued are wholly without jurisdiction. So far as other submissions made on behalf of the petitioner with regard to non-existence of the grounds levelled in the show cause notices are concerned, the same are not dealt with, as, in view of the fact that the present special civil application is at the show cause notice stage and the petitioner is yet to file reply. The present petition is not entertained at this stage. The petitioner will be given ample opportunity before the appropriate authority and thereafter if any adverse order is passed against the petitioner, there is also statutory alternative remedy available by way of appeal/revision.
#. Considering the facts stated above, prima facie, it cannot be said that show cause notices are wholly without jurisdiction. In view of the fact that the present petition is against the show cause notice, the same is not entertained at this stage and the writ of prohibition is not required to be issued and/or the respondents are not required to be restrained at this stage not to proceed further with the show cause notices.
#. For the reasons stated above, this petition is required to be dismissed and is dismissed accordingly.
(M.R.Shah,J) (pathan)