LAWS(GJH)-2011-8-15

RAMILABEN MUKESHBHAI DESAI Vs. STATE OF GUJARAT

Decided On August 08, 2011
RAMILABEN MUKESHBHAI DESAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE petitioner is the appellant, who has challenged the order dated 14th March 2011 passed by the learned Single Judge in the writ petition dismissing her prayer to set aside the order passed by the District Development Officer dated 29th November 2010 as affirmed by the Additional Development Commissioner, Gujarat, by order dated 15th January 2011. By the aforesaid order, the appellant has been declared disqualified to continue as Member of Taluka Panchayat, Kheralu.

(2.) THE brief facts of the case as pleaded by the parties are as follows:-

(3.) EARLIER, a show cause notice was issued to her on 12th November 2010 calling upon the appellant to show cause as to why she be not declared ineligible to contest election u/Sec.30(1)(j) of the Panchayats Act, 1993, and on receipt of the reply, the authorities proceeded ahead. In the meantime, the appellant moved a writ petition in Special Civil Application No.14934 of 2010 challenging the show cause notice, but the Court did not entertain the same at the stage of show cause notice, and allowed her to pursue the matter before the authority. Subsequently, the impugned order dated 29th November 2010 came to be issued by the District Development Officer, Mehsana, which was affirmed by the Additional Development Commissioner, State of Gujarat.