( 1 ) THE present Writ Petition, filed under Article 226 of the Constitution of India, raises an important question of law, namely, whether the petitioner, who is the President of the Mehsana Nagarpalika, ("nagarpalika" for short) incurred the disqualification under Section 11 (1) (h) of the Gujarat Municipalities Act 1963 ("the Act" for short), for having more than two children, after his election to the said post.

( 2 ) IN order to adjudicate upon this issue, it will be useful to set out the brief facts of the case. As stated in the petition, the petitioner filed his nomination form to be elected as a member (councillor) of the Mehsana Nagarpalika from Ward No. 9. The general elections of Mehsana Nagarpalika took place on 11. 12. 2005. The petitioner was declared elected as a councillor on 13. 12. 2005. After his election as a councillor, a meeting of the elected councillors of the Nagarpalika was held on 25. 12. 2005, for the purpose of electing the President and Vice President of the Nagarpalika. In the election which took place during the said meeting, held on 25. 12. 2005, the petitioner came to be elected as President of the Nagarpalika and began to function as such. As per

Click Here to Read the rest of this document