JUDGMENT : ABHILASHA KUMARI, J. 1. These three applications have been preferred by the respective applicants convicts, seeking release on temporary bail for the periods mentioned in each application and on the grounds stated therein, which shall be discussed individually hereinafter. 2. The above applications are being decided by a common judgment for the reason that there is a common factor in all these applications, being the certificates of the Sarpanch of the respective Gram Panchayat, recommending the release of the applicant-convict on temporary bail. Coincidentally, all the three Sarpanchas who have issued the respective certificates are newly-elected lady Sarpanchas, elected on seats reserved for women. 3. Facts of Criminal Misc. Application No.16108/2017 : 3.1 This application dated 19.06.2017 has been preferred by the applicant-convict through Jail, with a prayer to release him on temporary bail for a period of thirty days on the ground that his house is in a dilapidated condition and requires immediate repairs. It is further stated that he is required to ensure that his family can live in proper premises, hence, temporary bail may be granted to him. 3.2 The applicant is undergoing life imprisonment in connection with the offence punishable under Section 302 of the Indian Penal Code, 1860. 3.3 The Jail remarks pertaining to the applicant indicate that his conduct in Jail is good and on the previous occasion when he was released on Furlough, he has surrendered on time. 3.4 In support of the grounds pleaded in the application, the applicant-convict has annexed a certificate dated 30.05.2017, issued by Smt. Maliniben Balubhai Valvi, Sarpanch of Group Gram Panchayat Bhintkhurd, Taluka Uchhal, District Tapi. This certificate has no outward number. It is stated in the said certificate that the house of the applicant-convict, who is named therein, is in a very bad state of repairs and is required to be repaired immediately; therefore, a recommendation is made by the Gram Panchayat that his presence is necessary in order to carry out the repair work. 3.5 Rule was issued in the application on 28.06.2017. By an order dated 06.07.2017, the Sarpanch of Group Gram Panchayat Bhintkhurd was directed to remain present before the Court on 12.07.2017. On 12.07.2017, learned Additional Public Prosecutor took time and requested that the matter be listed on 17.07.2017. On 17.07.2017, at the request of learned Additional Public Prosecutor, the matter was listed on 27.07.2017.
By an order dated 06.07.2017, the Sarpanch of Group Gram Panchayat Bhintkhurd was directed to remain present before the Court on 12.07.2017. On 12.07.2017, learned Additional Public Prosecutor took time and requested that the matter be listed on 17.07.2017. On 17.07.2017, at the request of learned Additional Public Prosecutor, the matter was listed on 27.07.2017. 3.6 Today, Smt.Maliniben Balubhai Valvi, Sarpanch of Group Gram Panchayat Bhintkhurd, Taluka Uchhal, District Tapi, is present in person. She states that she has been recently elected as a Sarpanch and has been in office for only three to four months. She has studied upto the 9th Class only. Upon being shown the certificate dated 30.05.2017, with the signature and seal of the office of Sarpanch, she has admitted that the signature on the said certificate is her own and the seal appended is that of the office of the Sarpanch of the said Gram Panchayat. However, this lady Sarpanch, Smt.Maliniben Balubhai Valvi, states that she has not written the contents of the certificate; but the same has been written by her husband, Shri Balubhai Singiyabhai Valvi, who is working as the Manager of the Agricultural Mandali (Cooperative Society) Uchhal, for the past fifteen years. The uncle of the Sarpanch, Shri Bhanadasbhai Setrabhai Gamit, who is an agriculturist, has also accompanied the Sarpanch. 3.7 Upon interacting with Smt.Maliniben Valvi, the recently elected Sarpanch who occupies a seat reserved for women, this Court found that she is totally unaware of her duties and functions as a Sarpanch. She has clearly admitted that she is not running the affairs of the Panchayat, but it is her husband who is doing all the work of Panchayat in her stead. She only puts her signatures on the certificates and other documents as directed by him. Her husband Balabhai is running the entire work of the Gram Panchayat instead of her. She has further stated that Kamnabhai, the father of the applicant-convict, had come to collect the certificate and that she has only issued one such certificate. She states that she knows Kamnabhai personally. Maliniben has apologized for her conduct in recommending the release of the applicant by issuing the said certificate. However, her apology does not appear to be serious, sincere or genuine. 4. Facts of Criminal Misc.
She states that she knows Kamnabhai personally. Maliniben has apologized for her conduct in recommending the release of the applicant by issuing the said certificate. However, her apology does not appear to be serious, sincere or genuine. 4. Facts of Criminal Misc. Application No.17000/2017: 4.1 This undated application has been preferred by the applicant-convict praying for his release on temporary bail for a period of thirty days in order to repair his house, which is stated to be in a bad condition of repair. 4.2 The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302 and 114 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act, 1951. 4.3 The Jail remarks pertaining to the applicant indicate that his conduct in Jail is good and on the previous occasion when he was released on Parole, he has surrendered on time. It appears from the Jail remarks that the applicant has not been released on temporary bail so far. 4.4 Along with the application, the applicant convict has annexed a certificate issued by the Sarpanch of Zank Group Gram Panchayat, Taluka Dediapada, District Narmada, dated 22.06.2017. This certificate does not bear any outward number. 4.5 It is stated in the certificate that the applicant-convict is a resident of Village Zank, Taluka Dediapada, District Narmada and the Sarpanch knows him personally. It is further stated that, at present, the applicant-convict is in Jail. The Sarpanch goes to state that the house of the convict is in a dilapidated condition and is in urgent need of repair. Since there is no responsible person in the family of the applicant-convict, he may be released. The certificate has, therefore, been issued after such verification. 4.6 Rule was issued in this application on 10.07.2017, making it returnable on 14.07.2017 and the Sarpanch of Zank Group Gram Panchayat was directed to remain present on the returnable date. On 14.07.2017, Shri Bhimsing Ratudiyabhai Vasava, husband of Smt.Parvatiben, Sarpanch of Zank Group Gram Panchayat, Taluka Dediapada, District Narmada, had remained present and informed the Court that his wife, the Sarpanch, is not well and had been hospitalized at Ankleshwar. He had prayed for an adjournment, which was granted. The matter was directed to be listed on 27.07.2017. 4.7 Today, Smt.Parvatiben Bhimsing Vasava, has remained present before the Court, accompanied by her husband, Shri Bhimsing Ratudiyabhai Vasava.
He had prayed for an adjournment, which was granted. The matter was directed to be listed on 27.07.2017. 4.7 Today, Smt.Parvatiben Bhimsing Vasava, has remained present before the Court, accompanied by her husband, Shri Bhimsing Ratudiyabhai Vasava. 4.8 Upon a query from the Court, Parvatiben states that she has studied upto the 3rd Standard only. She admits that she has not written the contents of the certificate and has stated that she has only appended her signature thereupon. 4.9 Parvatiben has admitted that it is her husband, who has studied upto the 10th Standard, who has written the contents of the certificate which she has merely signed. She states that she personally knows the applicant-convict and is aware of the fact that he is in prison. She further admits that she is aware that the certificate issued by her was to be used for his release on bail. 4.10 Upon further query, Parvatiben has stated that she is unaware of the procedure of the Gram Panchayat and her husband does all the work of the Gram Panchayat. He accompanies her to all the meetings of the Gram Panchayat and takes all the decisions of the Panchayat on her behalf. She is only made to append her signature wherever told. She has further admitted that she has kept the letter-pad and seal of the office of the Sarpanch at home and not in the office of the Gram Panchayat. 4.11 The husband of the Sarpanch has brought a book of the Panchayat, wherein copies of the certificates issued by him, in his own handwriting, have been maintained. Parvatiben has stated that all the certificates in the book have been written by her husband and not by her. The husband of the Sarpanch states that this Group Gram Panchayat consists of four villages and gets Rs.8,00,000/only as grant from the Government. He has issued certificates regarding the roads, trees, water connection etc., all of which functions fall under the duties of the Sarpanch. Parvatiben, the Sarpanch, is not aware about anything regarding these matters at all. 5. Facts of Criminal Misc. Application No.17280/2017 : 5.1 This application dated 01.07.2017 has been preferred by the applicant-convict through Jail, with a prayer to release him on temporary bail for a period of thirty days in order to provide his family with the necessities of life as they are in dire financial straits.
5. Facts of Criminal Misc. Application No.17280/2017 : 5.1 This application dated 01.07.2017 has been preferred by the applicant-convict through Jail, with a prayer to release him on temporary bail for a period of thirty days in order to provide his family with the necessities of life as they are in dire financial straits. 5.2 The applicant is undergoing life imprisonment in connection with the offences punishable under Sections 302 and 114 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act, 1951. 5.3 The Jail remarks pertaining to the applicant indicate that his conduct in Jail is good and on the previous occasion when he was released on Parole, he has surrendered on time. 5.4 The applicant has annexed a certificate dated 30.06.2017, issued by Smt.Shantaben Manilal Baria, Sarpanch, Gram Panchayat Bodidrakhurd, Taluka Shahera, District Panchmahal. It is stated in the said certificate that the applicant-convict is wellknown to the Sarpanch. The applicant is, at present, serving sentence in Vadodara Central Jail. It is further stated that the financial condition of the family of the applicant is not good and they are in requirement of the necessities of life such as foodgrains, clothes etc. It is recommended that the applicant-convict be released on temporary bail for a period of thirty days in order to provide them with the necessities of life. This certificate has been signed by the Sarpanch and the seal of the office of the Sarpanch is appended thereupon. 5.5 When the Court asked Smt.Shantaben Manilal Baria, Sarpanch, regarding the certificate and whether she had issued it, a peculiar situation emerged. The said Sarpanch initially feigned total ignorance regarding the certificate and said she does not know anything about it. When asked where she keeps the letter-pad of the Gram Panchayat which has her name printed on it, she stated that she keeps it in a cupboard at her house. However, according to her, the said letter-pad was stolen from the cupboard in her house by some unknown persons, as is being used thereafter. She states that though there is an office of the Gram Panchayat in the village, but she keeps the letter-pad at home. Smt.Shantaben, Sarpanch, states that she is not educated and usually she puts her thumb impression as she cannot sign.
She states that though there is an office of the Gram Panchayat in the village, but she keeps the letter-pad at home. Smt.Shantaben, Sarpanch, states that she is not educated and usually she puts her thumb impression as she cannot sign. Upon being shown her signature on the certificate, she states that she has not signed this certificate and nor has she written it, as she is not in a position to read and write. 5.6 Inevitably, this lady Sarpanch is also accompanied by her husband, Shri Manilal Haribhai Baria and an advocate, Shri Ashokbhai Hiralbhai Rathod (Sanad No.G/1316/2006), who practices in the Courts at Godhra. 5.7 The husband of Smt.Shantaben also feigned ignorance initially. However, ultimately, both Shantaben and her husband confessed that it was their son, Natubhai, who had given a blank letter-pad with the seal of the Sarpanch already appended on it, to Vinubhai Moghjibhai Nayak, the brother of the applicant-convict, who had come to take the certificate from him. Both the Sarpanch and her husband state that they did not know what Vinubhai Nayak, brother of the applicant-convict wrote on the letter-pad. Discussion : 6. The facts emerging from the above three applications portray an extremely dismal state of affairs, insofar as the institutions of local self government are concerned. Part-IX of the Constitution of India deals with The Panchayats. Article 243(d) defines “Panchayat” to mean an institution (by whatever name called) of self-government, constituted under Article 243(B), for the rural areas. 7. Article 243(B) provides for the constitution of Panchayats and Article 243(C) provides for the composition of Panchayats. Article 243(D) is the provision regarding reservation of seats. The relevant extracts are as below : “243(D). Reservation of Seats: (1) ***** (a) ***** (b) ***** (2) Not less than onethird of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) Not less than onethird (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.
(3) Not less than onethird (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide : Provided that ***** Provided further that not less than onethird of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.” 8. The Gujarat Panchayats Act, 1993, has been enacted pursuant to the 73rd Amendment to the Constitution of India, whereby PartIX was inserted in the Constitution, in order to bring the law relating to Panchayats in the State of Gujarat in conformity with Part IX of the Constitution. Section 9 of the Gujarat Panchayats Act, 1993, provides for the constitution of Village Panchayat. The relevant provision regarding reservation for women is as below : “9. Constitution of Village Panchayats (1) ***** (2) ***** (3) ***** (4) ***** (5)(a) ***** (b) As nearly as may be onehalf of the total number of seats reserved under clause (a) shall, be reserved by the State Government for women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case may be, the socially and educationally backward classes. (c) As nearly as may be onehalf (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes) of the total number of seats in a village panchayat shall be reserved by the State Government for women and such seats shall be allotted by the State Election Commission by rotation to different wards in the village in the prescribed manner.” 9. Thus, from the above constitutional mandate followed by the statutory requirement, the dream of the political empowerment of women in order to ensure gender equity has been given a substantial form and has now become the law of the land.
Thus, from the above constitutional mandate followed by the statutory requirement, the dream of the political empowerment of women in order to ensure gender equity has been given a substantial form and has now become the law of the land. It was long felt that women in India had little representation in institutional politics and their participation in the decision-making process from the village and at all levels, is negligible. The 73rd Amendment of the Constitution was, therefore, a major step towards the empowerment of women through Panchayati Raj institutions. This has resulted in the inclusion of a large number of women in the decision-making process in the rural areas, who would otherwise have not been freed from the shackles of their homes and hearths. The purpose behind this constitutional amendment is the empowerment of women so that they have access to actual decision-making and are in a position to actually take decisions at the local level, thereby fulfilling their potential in the creation of a just and humane society. 10. In spite of the noble objects for which the 73rd Constitutional amendment was brought about and even though there is a statute in place in the State of Gujarat in the form of the Gujarat Panchayats Act, 1993, ensuring representation of the women at the local level, it saddens us to say that though the letter of the law may have been followed, however, its spirit is being stifled. 11. The above three examples of women Sarpanchas are clearly illustrative of the subjugation of women by their husbands (in the present cases) and may be by other male relatives or vested interests in other cases, who prop up the ladies of their family only to enjoy the fruits of power once the lady gets elected. In the present cases, the husbands of the women Sarpanchas are the ones who are literally running the show in the village and are behaving as the defacto Sarpanchas, while their wives, who are the legally elected Sarpanchas, are relegated to the background. It is even more disturbing that none of these lady Sarpanchas have protested. 12. The husband of Smt.Maliniben Balubhai Valvi, Sarpanch of Group Gram Panchayat Bhintkhurd, Taluka Uchhal, District Tapi, is running the entire Gram Panchayat as has been stated by the Sarpanch before the Court. The Sarpanch herself knows nothing about the procedure and functions of a Sarpanch.
It is even more disturbing that none of these lady Sarpanchas have protested. 12. The husband of Smt.Maliniben Balubhai Valvi, Sarpanch of Group Gram Panchayat Bhintkhurd, Taluka Uchhal, District Tapi, is running the entire Gram Panchayat as has been stated by the Sarpanch before the Court. The Sarpanch herself knows nothing about the procedure and functions of a Sarpanch. Her husband, being the Manager of the Agricultural Mandali (Cooperative Society) Uchhal since the past fifteen years, appears to be wellversed in the affairs of the Panchayat. It is he who has written and issued the certificate in question, which has been signed by the Sarpanch. 13. Similarly, the husband of Smt.Parvatiben Bhimsing Vasava, Sarpanch of Zank Group Gram Panchayat, Taluka Dediapada, District Narmada is virtually the defacto Sarpanch of the Group Gram Panchayat. Again, it is he who has written the certificate, which has merely been signed by his wife, the Sarpanch. She has admitted that her husband does all the work of the village and even accompanies her to the meetings of the Gram Panchayat and takes all the decisions on her behalf and she obligingly signs wherever she is told to do so. It is her husband who is maintaining the book of certificates, all written and issued by himself, regarding the affairs of the Gram Panchayat, which also pertain to important issues such as grant received from the Government and other matters that have financial overtones. 14. Smt.Shantaben Manilal Baria, Sarpanch of Gram Panchayat Bodidrakhurd, is totally uneducated and does not know even how to sign. She usually puts her thumb impression. However, the certificate issued by her contains a signature which she has stated is not hers. As already stated hereinabove, it is her son who has given a blank letterhead of the Sarpanch after appending the seal of the office of the Sarpanch to the brother of the prisoner, who appears to have filled it in. Both the Sarpanch and her husband had tried to be very oversmart and initially denied everything, saying that they are not aware how the certificate came into existence. They put up a story that the letterhead was stolen from their house. This stand of theirs is totally unbelievable. However, they soon admitted the truth. This shows that they may have been tutored by the advocate Shri Ashokbhai Hiralbhai Rathod, who has accompanied them.
They put up a story that the letterhead was stolen from their house. This stand of theirs is totally unbelievable. However, they soon admitted the truth. This shows that they may have been tutored by the advocate Shri Ashokbhai Hiralbhai Rathod, who has accompanied them. Ultimately, the Sarpanch and her husband have admitted that it was their son, Natubhai, who had given a blank letterhead with the seal of the office of the Sarpanch on it, to the brother of the prisoner. 15. All the above three examples reveal a serious flaw in the system of Panchayati Raj, especially pertaining to reservation for women which is being misused by their male relatives. Instead of empowering women, they are being reduced to mere rubber stamp. The persons who are illegally benefiting from this state of affairs are the husbands/relatives/other vested interests, who happen to control the lady Sarpanchas. These elements are acting as the uncrowned lords and masters of local self government institutions such as Village Panchayats. 16. Is this the object behind the 73rd Amendment to the Constitution of India? Is this the purpose for which reservation for women has been made a reality not only by the constitutional mandate but also by enacting the Gujarat Panchayats Act, 1993? It is high time that persons such as the abovementioned husbands of Sarpanchas (“Sarpanch Patis” as they are popularly known), other male relatives or vested interests who control women Sarpanchas ought to be dealt with strictly, as it is they who are misusing and usurping the office of the Sarpanch. The women Sarpanchas are being relegated and subjugated to being mere figureheads. In fact, reservation has not achieved its purpose in empowering them but has, in fact, ended up in disempowering them and empowering their husbands/male relatives and other vested interests, who make women Sarpanchas do their bidding. Such male relatives are actually running the Gram Panchayats as seen above, instead of the legally-elected women Sarpanchas. It is highly possible and probable that these “Sarpanch Patis” who are misusing the office of the lady Sarpanchas are issuing such certificates for some consideration or the other which the lady Sarpanchas may, or may not be, aware of. 17. All the three certificates in question have been issued in favour of convicts who are wellknown to the lady Sarpanchas or their husbands, as the case may be.
17. All the three certificates in question have been issued in favour of convicts who are wellknown to the lady Sarpanchas or their husbands, as the case may be. Shockingly, the letter-pads of the office of the Sarpanch are found to be floating around and blank letter-papers, with the seal of the office of the Sarpanch already appended on them, are being distributed to all and sundry who are interested, including the relatives of the convicts. 18. The husbands of the lady Sarpanchas have no right to usurp the office of their wives, the actual Sarpanchas, and to disempower them. It is the lady Sarpanchas who have been elected to the office of Sarpanch under the constitutional and statutory mandate. Such husbands or male relatives who illegally exercise the power of the lady Sarpanchas are offenders against the Constitution and the law. This situation can neither be countenanced or be permitted to continue any longer. 19. Besides this, it is not the function of the Sarpanch, be it a man or woman, to recommend or dictate to the Court whether a person ought to be released on temporary bail, or not. It is not a part of duties and functions of the Sarpanch envisaged under Section 55 of the Gujarat Panchayats Act, 1993. It constitutes a direct interference in the judicial discretion of the Court as well as the administration of justice, which could amount to contempt. 20. This is not the first time that the issue regarding the interference of the Sarpanch in matters of the Court, by issuing a recommendatory certificate and the usurpation of the powers of women Sarpanchas by their husbands or other male relatives, has come to light. 21. This Court has passed several orders in this regard as below: (1) Judgment dated 21.06.2017, passed in Criminal Misc. Application No.14950/2017 and cognate matters (Pertaining to certificates given by two male Sarpanchas and two lady Sarpanchas). (2) Judgment dated 23.06.2017, passed in Criminal Misc. Application No.15615/2017 (Pertaining to certificate given by a lady Sarpanch). (3) Order dated 28.06.2017, passed in Criminal Misc. Application No.15382/2017 (Pertaining to certificate given by a male Sarpanch). (4) Order dated 07.07.2017, passed in Criminal Misc. Application No.16304/2017 (Pertaining to certificate given by a lady Sarpanch). (5) Order dated 12.07.2017, passed in Criminal Misc. Application No.16623/2017 (Pertaining to certificate given by a male Sarpanch). (6) Judgment dated 14.07.2017, passed in Criminal Misc.
Application No.15382/2017 (Pertaining to certificate given by a male Sarpanch). (4) Order dated 07.07.2017, passed in Criminal Misc. Application No.16304/2017 (Pertaining to certificate given by a lady Sarpanch). (5) Order dated 12.07.2017, passed in Criminal Misc. Application No.16623/2017 (Pertaining to certificate given by a male Sarpanch). (6) Judgment dated 14.07.2017, passed in Criminal Misc. Application No.16769/2017 and cognate matters (Pertaining to certificates given by one lady Sarpanch and two male Sarpanchas). 22. In each of the abovementioned orders, we have directed that the copies thereof be placed before the Principal Secretary, Panchayat, Rural Housing and Rural Development Department, for further necessary action. We were informed by Ms.Manisha Lavkumar, learned Government Pleader, that a Circular dated 18.07.2017, has been issued by the Deputy Secretary, Panchayat, Rural Housing and Rural Development Department, wherein directions have been given to Sarpanchas and Up-Sarpanchas to be careful while issuing certificates regarding property and character of any person, who is in Jail. This appears to be the extent of the action taken by the State Government which, in our view is not at all adequate to meet the situation. The Government authorities do not appear to be alive to the alarming aspect of the situation that by the issuance of such certificates not only are the Sarpanchas in question interfering with the independent functioning of the Court by transgressing the sphere of their statutory duties, but the very object of the constitutional mandate for the empowerment of women through the introduction of the reservation policy at the level of the local self government in rural areas, is being eroded by none others but the husbands/male relatives/vested interests surrounding newly-elected women representatives. 23. Most of the women Sarpanchas whom we have come across are recently elected and are not educationally sound. They are barely able to read and write. Is it not the duty of the State Government, therefore, to impart proper training regarding the performance of their duties as Sarpanchas and to explain the procedure to be followed by them, so that they are in a position to function independently and efficiently in the discharge of their duties?
They are barely able to read and write. Is it not the duty of the State Government, therefore, to impart proper training regarding the performance of their duties as Sarpanchas and to explain the procedure to be followed by them, so that they are in a position to function independently and efficiently in the discharge of their duties? In our view, it is hightime that the State Government takes a deeper look at this aspect and initiates appropriate measures to ensure that elected women representatives at the local level are not exploited (either willingly or unwillingly) by their male relatives and are able to function efficiently and independently. Until and unless such women representatives are not properly trained and educated regarding their duties, functions and procedure and until they are not made aware of the constitutional and legal mandate and the pitfalls of functioning as mere rubberstamps, the dream enshrined in the 73rd Amendment of the Constitution will never turn into a reality. 24. Being a welfare State we are hopeful that responsible persons at the helm of affairs of the State Government will definitely look into this matter and take remedial measures. As a Court, it is our duty to bring any malpractice or malfunction in the system of governance which is at variance with legal and constitutional provisions, to the notice of the concerned authorities. Thereafter, it is for them to ensure that the system functions as per the constitutional and statutory mandate, not only in letter but also in spirit. 25. With the above hopes and expectations, we request the learned Additional Public Prosecutor to bring this order to the notice of the Principal Secretary, Panchayat, Rural Housing and Rural Development Department and also the Chief Secretary, State of Gujarat, who shall ensure that the highest decision making authority in the State of Gujarat is apprised of this matter. 26. Insofar as the three applications for the grant of temporary bail are concerned, we reject each one of them, as the applicant-convict has made an attempt to influence the discretion of this Court by procuring the abovementioned certificates from the Sarpanchas of the respective Gram Panchayats. In normal circumstances, we may have considered the plea of the respective applicants but their conduct in procuring such certificates with a view to influencing the decision of the Court, cannot be condoned. 27.
In normal circumstances, we may have considered the plea of the respective applicants but their conduct in procuring such certificates with a view to influencing the decision of the Court, cannot be condoned. 27. Hence, we consider it appropriate to pass the following order : Criminal Misc. Application No.16108/2017, Criminal Misc. Application No.17000/2017 and Criminal Misc. Application No.17280/2017, stand rejected. Rule is discharged in each application.