Have Notified Rules On Procedure For Inquiry & Removal Of Panchayat Office Bearers Over Misconduct: State To Gujarat High Court

The Gujarat High Court on Friday (November 28) was informed by the state government that it has notified the rules which provide procedure for conducting inquiry and removal of panchayat office bearers over allegations of irregularity/misconduct known as Gujarat Panchayat Office Bearers (Procedure For Removal) Rules 2025. 

The court was hearing a PIL pertaining to irregularities which took place during Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) project implementation in a village in district Surendranagar. 

During the hearing a division bench of Chief Justice Sunita Agarwal and Justice DN Ray was informed by Advocate General Kamal Trivedi that rules governing removal of panchayat office bearers had been notified. 

The court thereafter in its order dictated:

"In the affidavit dated 13-11-2025 of the deputy secretary panchayat rural development department it is brought on record that after the intervention of this court the state government in exercise of powers under the Gujarat Panchayats Act 1993 has framed rules namely 'Gujarat Panchayat Office Bearers (Procedure For Removal) Rules 2025' which has been notified in the official gazette". 

The court noted that the rules provides the procedure for conducting enquiry in the matter of removal of any member of gram panchayat and designated persons like sarpanch, upsarpanch, president or member of a gram panchayat, taluka panchayat, district panchayat. 

The court was also informed that in compliance of the court's order dated 12-9-2025 the enquiry against district development officer Surendranagar with respect to the alleged irregularities had been initiated and is underway. 

"The affidavit of the current DDO states that show cause notice under provisions of Section 59 Gujarat Panchayats Act for involvement of present Sarpanch in financial irregularities had already been issued...Appearing for district panchayat, in contemplation of inquiry and in view of FIR against sitting sarpanch...the order dated 19-9-2025 has been passed by DDO Surendranagar under Section 59 for suspension from the office of the sarpanch," the court noted in its order. 

It further noted that Section 57 of the 1993 Act empowers the competent authority to remove the sarpanch/upsarpanch or a member of the panchayat from its office. 

It noted that the procedure for removal of sarpanch as per Section 57 has been prescribed under the 2025 Rules which were notified. 

"It is not intimated to us as to whether any inquiry under Section 57 of the Gujarat Panchayat Act 1993 read with 2025 Rules has been initiated against sitting Sarpanch or not," the court noted.

It thus granted the State authorities an adjournment to enable it to bring the court as to whether any enquiry has been initiated against the sitting sarpanch on "prima facie proof of allegations of misappropriation of MNREGA fund in preliminary inquiry conducted by competent officer.

The matter is listed December 19. 

Case title:  CHAMANBHAI LALJIBHAI VAGHELA & ORS. v/s STATE OF GUJARAT & ORS.

R/WPPIL/3/2023