NARSIBHAI AJBABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY the present petition filed under Article 226 / 227 of the Constitution of India, the petitioner has prayed to quash and set aside the order dated 16.07.2012 passed by the respondent no.3, order dated 01.10.2013 passed by respondent no.2 and order dated 21.06.2014 passed by respondent no.1.

(2.) BY order dated 16.07.2012 at Annexure - D, the petitioner is held disqualified under section 30(1)(m) of the Gujarat Panchayat Act, 1993 (for short 'the Act') to be member of the Panchayat and ordered to vacate the office of Sarpanch, as also member of Gram Panchayat in exercise of powers under section 32(2) of the Act. Such order was confirmed by the Appellate Authority by order dated 01.10.2013 and further confirmed by Revisional Authority by order dated 21.06.2014.

(3.) MR . Songara, learned advocate for the petitioner submitted that the petitioner had already three children prior to coming into force of the amendment in the Panchayat Act inserting clause (m) whereby it is provided that a person having more than two children is disqualified to be member of Panchayat. Mr. Songara submitted that fourth child though was born after the above said amendment, however, within very short time, expired and therefore, it could not be said that the petitioner was having more than two children when the petitioner was elected as member and then Sarpanch of village.