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1979 Supreme(Guj) 134

A.N.SURTI
HIRJIBHAI HARIBHAI TRAMBADIA – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL, N.C.NAYAK, S.N.SHELAT

A. N. SURTI, J.

( 1 ) THE petition is directed against the impugned orders at Ann- exures A and B to the petition whereby a declaration was made that the petitioner is disqualified as a Panchayat Member of the Jam Jodhpur Nagar Panchayat under sec. 23 (i) (g) of the Gujarat Panchayats Act 1961 on the ground that the petitioners daughter was in service of the Boys and Girls High School run by the Nagar Panchayat and hence the peti- tioner had interest in the work done by the Panchayat.

( 2 ) AT the relevant time the petitioner was duly elected member of the Panchayat of the Jam Jodhpur Nagar Panchayat in the elections held in December 1972 When the petition was filed it was averred that under the provisions of the Gujarat Panchayats Act the petitioner was entitled to continue as Panchayat member for a period of five years till the next elections were held of the Nagar Panchayat of Jam Jodhpur. The petitioners daughter named Chandrikaben was appointed in the Boys and Girls High School run by the Nagar Panchayat of which the petitioner was a member. In this background respondent No. 2 declared the petitioner to be disqualified as a member of the Nagar Panchayat under sec. 23 (i) (g) of






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