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2023 Supreme(Guj) 177

NIRZAR S. DESAI
Parbatsinh Bhupatsinh Sodha – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DARSHIT R BRAHMBHATT
For the Respondent: MS TANUSHREE SHRIMAL, MR SURESH B BHATT

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

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