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2011 Supreme(Guj) 140

M.R.SHAH
Ramilaben Mukeshbhai Desai – Appellant
Versus
State of Gujarat Through Additional Development – Respondent


Advocates:
Appearance :
Mr. B.B. Naik, Sr. Advocate with Mr. Dipen A. Desai, for the Petitioner No. 1.
Ms. Jirga Jhaveri, Asstt. Government Pleader, for the Respondent No. 1.
Notice Served by DS, for the Respondents No. 2, 4 - 6.
Mr. H.S. Munshaw, for the Respondent No. 2.
Mr. N.P. Chaudhary, for the Respondent No. 3.
Mr. Shalin Mehta, with Mr. Tusharchaudhary, for the Respondent No. 3.
Mr. Deepak P. Sanchela, for the Respondent No. 6.

Judgment

M.R. Shah, J.—Leave to amend as prayed for.

1.0 By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for appropriate writ, direction or order quashing and setting the impugned order dated 15.01.2011 passed by the Additional Development Commissioner, State of Gujarat – Respondent No. 1 herein as well as the order dated 29.11.2010 passed by Respondent No. 2 – District Development Officer, Mehsana by which, in exercise of powers under Section 32(2) of the Gujarat Panchayat Act, 1993 (hereinafter referred to as “Act, 1993”), petitioner has been declared disqualified to continue as Member of the Taluka Panchayat, Kheralu in view of Section 30(1)(j) of the Act, 1993 and consequently declaring the said post held by the petitioner as vacant and also consequently holding that the petitioner is removed/disqualified as President of the Taluka Panchayat, Kheralu.

1.1 As per Section 30(1)(j) of the Act, 1993, no person who is a servant of the Government or servant of any local authority shall be a member of Panchayat or continue as such. As per Section 32(1) of the Act, if any member of Panchayat who is elected, as such, was subject to any of the q


























































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