NAYNABEN BABUBHAI HATHILA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In present petition, the petitioner has prayed, inter alia, that :-

(2.) So far as relevant facts are concerned, it has emerged from the record and from the submissions by learned counsel for the contesting parties that in October, 2010 the petitioner came to be elected as Sarpanch of Dahod Gram Panchayat. Subsequently, an application came to be filed requesting the District Development Officer [hereinafter referred to as "the DDO"] to declare that the petitioner is disqualified in view of the provisions under section 30(1)(m) of the Gujarat Panchayats Act, 1993 [hereinafter referred to as "the Act"], inasmuch as the petitioner had given birth to a third child, which violated the provision under Section 30(1) (m) introduced by Local Authorities Amendment Act, 2005 and rendered her (i.e. the petitioner) disqualified from being elected, or to continue, as member of local authority.

(3.) The learned advocate for the petitioner would contend that on the relevant date i.e. the date on which the election was notified and also on the date on which the petitioner filed her candidature and also the date of election, the petitioner had only two children and though she had given birth to third child, the said third child died after three days and was not alive on the relevant date i.e. date of the election or even on the date of nomination and therefore, the petitioner's case does not come within the purview of the provision.