The Gujarat High Court dismissed a Public Interest Litigation (PIL) filed raising a complaint with regard to the misappropriation of public funds by the then elected Sarpanch and Talati, village Kanthagar.
The PIL has been filed by one Bharatbhai Mohanbhai Bariya.
The Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee observed that the remedy lies in the provisions of the Gujarat Panchayats Act, 1993 which provides for making of complaint against the elected representative such as Sarpanch of the village concerned.
The present Public Interest Litigation by means of which, the petitioner who is a complainant seeking for initiation of an inquiry against the sitting elected representative, namely Sarpanch cannot be entertained, inasmuch as, the remedy available in the statutory provisions has to be invoked by the petitioner.
Moreover, the persons against whom the complaint has been made have not been impleaded , the Bench noted.
For the above, the PIL is hereby dismissed by the High Court , keeping it open for the petitioner to avail the appropriate remedy available in law.