VISHNUBHAI JOITARAM RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED Advocate for the petitioner orally seeks permission to place on record order dated 31. 3. 2009 made by Revisional Authority as Annexure 'g'. Permission granted. Amendment to be carried out during course of the day. The petition is taken up for hearing on the footing that the amendment has taken place.

(2.) THIS petition challenges orders dated 1. 9. 2008 made by Taluka Development Officer, 7. 2. 2009 made by District Development Officer and order dated 31. 3. 2009 made by Deputy Secretary (Inquiry), Panchayat Gram Gruhnirman And Gram Vikas Vibhag, Sachivlaya, Gandhinagar, in the backdrop of following facts and circumstances of the case.

(3.) THE petitioner was elected as Sarpanch of Kharadharva Gram Panchayat at election held in April,2007. The Taluka Development Officer initiated proceedings under the provisions of section 32 read with section 30 (1) (m) of The Gujarat Panchayats Act, 1993 (the Act ). Taluka Development Officer held that the petitioner was having more than two children at the time of contesting the election of Sarpanch and thus was disqualified in light of provisions of Section 30 (1) (m) of the Act in light of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (the Amending Act ). The Taluka Development Officer passed an order on 1. 9. 2008 removing the petitioner as Sarpanch.