ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“[B] Your Lordship may be pleased to quash and set aside the order passed by the Additional Development Commissioner, Gandhinagar in VK/APL/L.1/KHEDA/2022 dated 04.07.2022 has disqualified the petitioner from 22-Marida Kheda Jilla Panchayat seat as per section 32(2) of the Gujarat Panchayat Act, 1993 as he has more than 2 children as per section 30(m) of the Gujarat Panchayat Act;

[C] Till pending the petition and till the final adjudication of the petition your lordship may be pleased to stay the order passed by the Additional Development Commissioner, Gandhinagar in VK/APL/L.1/KHEDA/2022 dated 04.07.2022 has disqualified the petitioner from 22-Marida Kheda Jilla Panchayat seat as per section 32(2) of the Gujarat Panchayat Act, 1993 as he has more than 2 children as per section 30(m) of the Gujarat Panchayat Act”;

2. By way of the impugned order dated 4.7.2022 passed by the respondent No.2 - Additional Development Commissioner, State of Gujarat, the petitioner was disqualified from the post of Member of 22-Marida Kheda Jilla Panchayat seat in view of provisions of Section 32(2) of the Gujarat Panchayat Act, 1993 (for short, `the Act, 1993’) as the respondent No.2 was convinced that the petitioner was disqualified as per Section 30(t) of the Act, 1993.

3. Heard Mr.Darshit Brahmbhatt, learned advocate for the petitioner, Mr.Suresh Bhatt, learned advocate for respondent No.3 and Ms.Tanushree Shrimal, learned Assistant Government Pleader for the State respondents.

4. Mr.Brahmbhatt, learned advocate for the petitioner, submitted that the petitioner was elected as a member of the 22-Marida Kheda Jilla Panchayat in the election which was held in the year 2018. On 11.3.2019, one Kiransinh Dalpatsinh Sodha gave an application to respondent No.3 stating that the petitioner has four children, and therefore, he is required to be disqualified as per Section 30(1)(m) of the Act, 1993. Pursuant to the aforesaid application, the respondent No.2 gave show cause notice to the petitioner under Section 32(2) of the Act, 1993 on 4.10.2019 and sought explanation from the petitioner that as to why the petitioner should not be disqualified as per Section 30(1)(m) of the Act, 1993 as the petitioner has more than two children after 4.8.2006.

4.1 The respondent No.2 ordered an inquiry to be conducted by the respondent No.3 - District Development Officer, Kheda in view of the aforesaid application and the inquiry report was submitted by the respondent No.2 on 1.1.2020. As per the inquiry report, the petitioner’s third child viz. Vanrajsinh @Urvis Parbatsinh Sodha (hereinafter referred to as `the third child’) was born on 24.3.2007.

4.2 According to learned advocate for the petitioner, in fact the third child of the petitioner was born on 28.12.2005, whereas Section 30(1)(m) of the Act, 1993 provides that, no person shall be a member of panchayat or continue, as such, who has more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, he shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase. According to Mr.Brahmbhatt, learned advocate for the petitioner, the aforesaid amendment came into force from 3.8.2006, and therefore, if a person has thee children prior to 3.8.2006, in that case, question of any disqualification would not arise. Learned advocate for the petitioner further submitted that the petitioner’s wife delivered third child on 28.12.2005, and therefore, the inquiry conducted by the respondent No.3 was not just and proper and the necessary details as to how date of birth of the third child was unearthed by the respondent No.3 were not provided, and therefore, the details relied upon by the respondent No.3 were without any basis and hence the same may be discarded and the details provided by