Rekhaben Abhalbhai Bambhaniya vs The State Of Gujarat on 18 May, 2026

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    Rekhaben Abhalbhai Bambhaniya vs The State Of Gujarat on 18 May, 2026

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         ITEM NO.55                              COURT NO.12                SECTION III-B
    
                                       S U P R E M E C O U R T O F     I N D I A
                                               RECORD OF PROCEEDINGS
    
                  Petition(s) for Special Leave to Appeal (C) No(s).16089/2025
    
         [Arising out of impugned final judgment and order dated 03-03-
         2025 in LPA No. 321/2025 passed by the High Court of Gujarat at
         Ahmedabad]
    
         REKHABEN ABHALBHAI BAMBHANIYA                                      Petitioner(s)
    
                                                         VERSUS
    
         THE STATE OF GUJARAT & ORS.                                        Respondent(s)
    
    
         IA No. 305597/2025 - EXEMPTION FROM FILING O.T.
         IA No. 139846/2025 - EXEMPTION FROM FILING O.T.
         IA No. 46209/2026 - EXEMPTION FROM FILING O.T.
    
         Date : 18-05-2026 This matter was called on for hearing today.
    
         CORAM :
                                  HON'BLE MR. JUSTICE MANOJ MISRA
                                  HON'BLE MR. JUSTICE VIPUL M. PANCHOLI
    
    
         For Petitioner(s) : Mr. Abhimanue Shrestha, AOR
    
         For Respondent(s) : Ms. Swati Ghildiyal, AOR
                             Mr. Sankalp Suman, Adv.
    
                                            Mr. Mayank Kshirsagar, AOR
    
    
                                  UPON hearing the counsel the Court made the following
                                                     O R D E R
    

    1. Heard the learned counsel for the parties.

    2. This petition seeks leave to impugn the order of the

    SPONSORED

    High Court of Gujarat at Ahmedabad dated 03.03.2025 by which
    Signature Not Verified
    the writ appeal of the petitioner against the order of the
    Digitally signed by
    HARPREET KAUR
    Date: 2026.05.20
    17:16:54 IST
    Reason: learned Single Judge dismissing the writ petition of the

    petitioner impugning the order of her removal from the post
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    of Sarpanch, under Section 57(1) of the Gujarat Panchayat

    Act, 1993, has been dismissed.

    3. The petitioner was served a show cause notice levelling

    six charges relating to misuse of authority as Sarpanch of

    Gram Panchayat. Amongst those six charges, charge nos. 5 and

    6 relate to award of contracts to a firm in which

    petitioner’s husband was a partner. The petitioner submitted

    her response to the show cause notice. In respect of charge

    nos.5 and 6, the petitioner’s case was that such contracts

    were awarded after inviting public tender and upon finding

    the bidder to be the lowest.

    5. The District Development Officer considered the

    representation of the petitioner and concluded: “It is

    proved on record that her husband Ebhalbhai Mathurbhai

    Bambhaniya despite being a partner of Maruti Stone, he got

    personal benefit by paying Rs.13,52,350/- and thus by

    taking frivolous decisions you have committed frequent

    mistakes and by misusing your designation, you have got

    personal benefit for your husband means the member of the

    family and thereby it is proved that you have misused the

    post of Sarpanch.”

    6. The petitioner questioned the order passed by the

    District Development Officer before the Additional

    Development Commissioner in an appeal which was dismissed.

    7. Against the appellate order, a writ petition was

    preferred before the High Court. The learned Single Judge
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    dismissed the writ petition against which the writ appeal

    was filed, which too was dismissed.

    8. The submission of the learned counsel for the

    petitioner is that a bare perusal of the order passed by the

    District Development Officer would indicate that after

    receipt of representation from the petitioner, he had called

    for a report from the Taluka Development Officer. The

    decision was taken thereafter. It is the case of the

    petitioner that this report was an adverse material

    considered by the District Development Officer and,

    therefore, before relying upon the same, the petitioner

    should have been provided a copy of the said material to

    enable her to submit a response. As such material was not

    supplied to the petitioner, principles of natural justice

    have been violated and, therefore, the order is liable to be

    set-aside.

    9. The High Court rejected the aforesaid contention on the

    ground that the charge of providing contractual benefits to

    her own husband is not denied by the petitioner and,

    therefore, merely on the ground that certain additional

    material was taken into consideration, no prejudice has been

    caused. Besides, principles of natural justice are not to be

    applied mechanically. Therefore, if no prejudice is caused

    by non-supply of any material, and the ultimate decision is

    sustainable on the admitted position, interference with the

    final decision is not required.

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    10. Before us, the learned counsel for the petitioner has

    submitted that there is no prohibition either under the

    Gujarat Panchayat Act, 1993 or under the rules framed

    thereunder proscribing a Sarpanch, or any member of the

    Panchayat, to award a contract of a Panchayat to any member

    of his/ her family. Moreover, the contract concerned was

    awarded after inviting public tender and by a resolution of

    the Panchayat premised on the fact that his bid was the

    lowest. In such circumstances, it cannot be said that the

    petitioner had misused her position as a Sarpanch.

    11. In response to the above submission, the learned

    counsel for the respondent has invited our attention to

    Section 30 of the Gujarat Panchayats Act. Section 30(1) (g)

    provides as under:

    “30. Disqualification of. – (1) No person shall be
    a member of a panchayat or continue as such who –

    (g) has directly or indirectly, by himself
    or his partner, any share or interest in any
    work done, by order of the panchayat, or in
    any contract with, by or on behalf of, or
    employment with or under the panchayat”

    12. It has been pointed out that a similar provision came

    up for interpretation before this Court in Virendrasing vs.

    Additional Commissioner and Ors. (2023) 18 SCC 438. In that

    case, the member of the Zila Parishad had been part of the

    decision-making process whereunder contract was awarded to
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    his son.

    13. The concerned Zila Parishad Act provided for

    disqualification in certain circumstances enumerated in

    Section 16 thereof, which reads as under:

    “16. Disqualifications. – (1) Subject to the
    provisions of sub-section (2), a person shall be
    disqualified for being chosen as, and for being, a
    Councillor –

                 (i)    if     he       has    directly          or        indirectly       by
                 himself       or       by     his       partner           any    share    or
    

    interest in any work done by order of the
    Zilla Parishad or in any contract with, by or
    on behalf of, the Zilla Parishad; …”

    Section 40 of that Act provided as follows:-

    “40. Disqualification of Councillors during
    term of office. – (1) Subject to the provisions of
    sub-section (2) of Section 62, if any Councillor
    during the term of his office –
    * * * * * *
    [(2) If any question whether a vacancy has
    occurred under this section is raised either by
    the Commissioner suo motu or on an application
    made to him by any person in that behalf, the
    Commissioner shall decide the question [as far as
    possible] within ninety days from the date of
    receipt of such application; and his decision
    thereon shall be final. Until the Commissioner
    decides that the vacancy has occurred, the
    Councillor shall not be disabled from continuing
    to be a Councillor:

    Provided that, no decision shall be given
    6

    against any Councillor without giving him
    reasonable opportunity of being heard.]”

    14. Interpreting the aforesaid provisions in paragraph 17,

    this Court observed:

    “17. The legislature in its wisdom has defined the
    grounds for disqualification in expansive terms
    under Section 16(1)(i) of the said Act. Thus, the
    use of the terminology – ”directly or indirectly”,
    “by himself or by his partner”, “any share or
    interest in any work done”, by “order of Zilla
    Parishad or in any contract with”, and “by or on
    behalf of the Zilla Parishad”. All eventualities
    where the Councillor can be said to have any
    financial connection with the work of the Zilla
    Parishad were sought to be included, with the
    object of discouraging the practice of financial
    patronage that is inherently beneficial to the
    elected representatives.”
    (Emphasis supplied)

    15. The Court, thereafter, in paragraphs 20 and 23,

    observed as follows:

    “20. Despite these factual differences, we find
    that the common principle that can be culled out
    from the aforementioned cases is that this Court
    had cautioned against interpreting
    disqualification provisions in an overly
    restrictive or narrow manner. In both cases, this
    Court had noted that the salutary purpose of such
    provisions was to ensure the purity of
    administration in Municipal Committees.

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    23. We believe that probity in such financial
    transactions should be the rule rather than the
    exception. The appellant had a greater
    responsibility as a father to make sure that his
    son does not enter into a contract that is
    sanctioned by the Zilla Parishad itself. We may
    note the finding of fact by courts below that
    nothing had been placed on record to show even a
    separation of residence between the son and the
    father, other than a ration card purporting to
    show that the son was living with his grandmother.

    It was rightly observed that this was neither here
    nor there, more so when the son had just completed
    his education.”

    16. After observing as above, this Court upheld the

    disqualification of that member in view of the provisions of

    Section 40 read with Section 16.

    17. In the instant case also, we find a similar provision

    as came for interpretation before this Court in Virendrasing

    vs. Additional Commissioner and Ors. (Supra).

    18. No doubt, the petitioners’ case is that the award of

    contract to her husband was through a public tender but

    there is nothing on record to show that there was separation

    between her and her husband.

    18. In such circumstances, too restrictive an

    interpretation to the disqualification clause would

    frustrate the very object for which it is incorporated in

    the statute.

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    19. In such view of the matter, though we are not dealing

    with the issue of disqualification, based on the admitted

    position, we do not find it to be a fit case to interfere

    with the finding returned by the authorities that the

    petitioner misused her position as Sarpanch in awarding

    contracts to her own family. As a sequitur, the order passed

    by the High Court calls for no interference.

    20. The Special Leave Petition is, accordingly, dismissed.

    21. Pending application(s), if any, also stand disposed of.

    (HARPREET KAUR)                                       (SAPNA BANSAL)
    COURT MASTER (SH)                                   COURT MASTER (NSH)
    



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