Kapilaben Udesinh Baria Sarpanch ... vs State Of Gujarat Thro.Additional ...

Upon hearing Mr. Rana for the petitioner, Mr. Chayya, learned AGP, and Mr. Munshaw, it appears from the affidavit-in-rejoinder that the petitioner made serious attempt to remove the encroachment, including by withdrawal of the power given to the member, who misused the position and as per the settlement produced on record, the encroachment is also removed.

It cannot be prima facie said that there was misuse of power by the petitioner in the capacity as Sarpanch or misconduct was committed by the petitioner herself.

SCA/63/2007 2/2 ORDER Hence, Rule. Ad interim relief granted earlier shall continue as interim relief. D.S. permitted.

(JAYANT PATEL, J.) *bjoy