1. This petition under Article-226 of the Constitution of India has been filed, with the following prayers :
"A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus/certiorari or any other appropriate writ, order or direction to declare that the Res. No.4 is disabled to continue as a member of the Likhala Gram Panchayat by virtue of disqualification incurred u/s 30(1)(m) and section 32 of the Gujarat Panchayats Act, 1993, in the interest of justice.
B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus/certiorari or any other appropriate writ, order of direction to quash and set aside the action of the Res. No.1 of not initiating appropriate proceedings envisaged u/s 30(1)(m) and 32 of the Gujarat Panchayats Act against the Res. No.4, as the same is arbitrary, illegal, null and void and against the letter and spirit of the statute.
C) YOUR LORDSHIPS may be pleased to restrain the Res.No.4 from participating in the proceedings of the Likhala Gram Panchayat in the capacity of elected member of the Gram Panchayat in any manner, pending admission, hearing and final disposal of the present petition.
D) YOUR LORDSHIPS may be pleased to grant any other and further relief as think fit and proper in the facts and circumstances of the case and in the interest of justice."
2. The petitioner has been elected as a member of Likhala Gram Panchayat in the elections held on 29.12.2011. Respondent No.4 has also been elected as such in the said elections. The petitioner has made an application dated 02.01.2012, to the Taluka Development Officer, Amreli, stating therein that respondent No.4 has concealed facts about the number of children she has and, by doing so, she has incurred the disqualification under Section-30(1)(m) of the Gujarat Panchayats Act. The grievance of the petitioner is that the Taluka Development Officer has not taken any action upon the application made by the petitioner.
3. Mr.Y.M.Thakkar, learned advocate for the petitioner states that the interest of justice would be met, if a direction is issued to the Taluka Development Officer to decide the application of the petitioner, within a stipulated period of time.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
The Taluka Development Officer, Amreli (Respondent No.1) may decide the application made by the petitioner on 02.01.2012, in accordance with law and procedure.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top