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...the order passed by the Taluka Development Officer, Harij dated 3.3.2009 by which respondent No.3 was disqualified under Section 30 (1)(m) of the Gujarat Panchayat Act.
3 Respondent No...disqualification under Section 30(1)(m)of the Gujarat Panchayat Act and, therefore, petitioner submitted an application to the respondent No.2 Taluka Development Officer, Harij pointing o.... Section 30(1)(m) of the Gujarat Panchayat Act, which has come into effect w.e.f. 4.8.2005 reads as under:
"Section 30: Disqualification...
...exercise of the powers under sections 57 and 59 of the Gujarat Panchayat Act, 1993 for violation of section 30(g) of the Gujarat Panchayat Act, 1993 for work do...section 30(1)(g) of the Gujarat Panchayat Act, 1993, as they have entered into contract work of the Gram Panchayat and have benefited illegally, by obtaining bill in their own names or in the...respondents no. 4 to 6, who are involved in the scam of misappropriation of the Tembhi Gram Panchayat in exercise of the power under sections 57 and 59 of the Gujarat Panchayat Act...
...exercise of the powers under sec.32(1)(a) of the Gujarat Panchayat Act held that the petitioner is disqualified to be continued as Sarpanch in view of sec.30(1...by the District Development Officer under sec.57 of the Gujarat Panchayat Act removing the petitioner as Sarpanch. Therefore, considering sec.30(1)(d) of the Gujarat Panchayat ..., the petitioner was already disqualified to be a member of the Panchayat, as he was already removed under the provisions of the Gujarat Panchayat Act. As per sec.32(1)(a) of the...
...Sarpanch under Section 30(1)(m) of the Gujarat Panchayat Act, 1993 and disqualifying the petitioner as Sarpanch. It is the case of the petitioner that the said order passed by the...Section 30(1)(m) of the Gujarat Panchayat Act. It is submitted that though the earlier order passed by the Taluka Development Officer dated 31.12.2007 was set aside by the District Develo...Development Officer. Therefore, it is submitted that impugned action dated 21.6.2010 cannot be said to be an afresh order under Section 30(1)(m) of the Gujarat Panchayat Act...
...04.08.2005, when Section 30(1)(m) was inserted in Gujarat Gram Panchayat Act, 1993. The language employed in the provision is clear to the effect that no person can continue as member of a Panchayat who...adoption, the petitioner cannot get away from the rider contained in Section 30(1)(m) of the Gujarat Gram Panchayat Act, 1993.
4. The contention of the learned senior...has more than two children.
3. The opinion drawn by the learned Single Judge that on a close scrutiny of the provisions of Section 30(1)(m) of the Gujarat Gram...
...form was filled in by him for the post of Sarpanch, Dachka Group Gram Panchayat and he has incurred disqualification under Sec.30(1)(m) of the Gujarat Panchayat Act and further be pleased to direct the...Special Civil Application, to restrain the respondent No.3 from acting as Sarpanch of Dachka Group Gram Panchayat as he is not eligible to contest the election of Panchayat under Sec.30(1)(m) of the...Gujarat Panchayats Act, 1993 for the reasons stated in the Memo of Petition and in there interest of justice;
(d) To grant ad-interim relief in terms of Para-47 (c...
...or respondent no.3 to initiate and conclude proceedings under Section 57(1) and Section 253 of the Gujarat Panchayats Act,1993 against the Gram Panchayat, Tralasa within a period of 30 days...
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11935 of 2019...
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CHAMPAKBHAI SHIVABHAI PARMAR
Versus
STATE OF GUJARAT...
...Assistant Government Pleader Ms. Jyoti Bhatt for the respondent - State.
3. Section 30 of the Gujarat Panchayat Act, 1993 is extracted herein below:
...Gujarat Panchayat Act, 1993, learned advocate for the petitioner has very loyally submitted that the petitioner being a Sarpanch, cannot be considered as member and Section 30 of the Act pertains to...from any office held by him in any panchayat under any provision of this Act or in any panchayat before the commencement of this Act under the Gujarat Panchayats Act, 1961 and a period of five yea...
....
3. Learned counsel for the petitioner has raised his grievance in the prayer regarding the applicability of Section 30(1)(d) of the Gujarat Panchayat Act, 1993 against the respon...declare the respondent No.3 as disqualified from the post of Member of District Panchayat as per section 30(1)(d) of Gujart Panchayat Act, 1993 and remove respondent No.3 from the post of Member of...
C/SCA/17572/2022 ORDER DATED: 13/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R...
...Section 30 of the Gujarat Panchayats Act, 1993 which lays down disqualifications of persons from being members of the...Panchayat does not lay down that such person would be disqualified if his proposer is disqualified. It is, therefore, contended that Rule 15(7) is beyond the scope of Section 30 and therefore ultra, vires...Act. The Election Tribunal on the basis of the evidence adduced before it, has come to a finding that the proposer of the petitioner was having interest in the District Panchayat being the octroi...
...is disqualified from being member of the Badarpura Gram Panchayat, in view of disqualification as per Section 30(m) of the Gujarat Panchayat Act, 1993, as he had fourth child born on...its authority prescribed under the Act by filing appropriate application being Revision Application under Section 32(2) of the Gujarat Panchayat Act, 1993 (for short "the Act"), and therefore, she has...quash and set aside the impugned order No.A.1/PANCHAYAT/BADARPUR(KA)/KALAM 30/ VASHI. 865 District Development Officer, Palanpur and further be pleased to hold that respondent No. 4...
...provisions of Section 30 of the Gujarat Panchayats Act and by passage of time, the term of village panchayat of five years is over and therefore the prayer prayed for in this petition has become...
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19046 of 2018...
========================================================== PRAMODBHAI ARVINDBHAI PATEL & 43 other(s) Versus
STATE OF GUJARAT & 4 other(s...
....7.0 To appreciate the aforesaid submissions, relevant provision of Gujarat Panchayat Act is required to be referred to. Section 30(1)(i) of the Act reads as...electricity company dues which can be said to be semi government dues and therefore, he was disqualified to become the Sarpanch in view of provision of Sections 28(2) and 30(1)(i) of the Gujarat...Panchayat Act, 1993 (hereinafter referred to as the “Act”). It was also the case on behalf of the petitioner that there was case pending against the respondent no. 1 of electricity theft and therefore, also...
...the Gujarat Panchayat Act as well as Local Bodies Act on the grounds stated therein for the following prayers: (A) xxx xxx xxx (B) Your Lordships may be pleased to issue a writ of mandamus or...any other appropriate writ, order or direction Holding and directing that the action on part of the respondent authorities in invoking and applying Section 30(M) of the Panchayat Act...provision of Gujarat Panchayat Act, which is brought into effect in 2005. Therefore, the child has been born on 04.07.2012 and, therefore, it would attract the disqualification. The Taluka...
....
4. The said order dated 02.03.2015 is passed in light of the provision under Sections 30(1)(m) read with 32(2) of the Gujarat Panchayat Act, 1993.
5...Section 30(1)(m) read with 32(2) of the Gujarat Panchayat Act,1993 and they also overlook the object and scope of said provision. 14. In this context, it would be relevant to take into ac...that the petitioner is disqualified for the post of Sarpanch in view of provision under Section 30(1) read with 32(2) of the Gujarat Panchayat Act, 1992. According to the said...
...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...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...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...
...the provisions of Section 108(4) of the Gujarat Panchayat Act and Section 30 of the Bomaby Land Revenue Code are not complied with in the present case. There is no question of...respondent No. 2 by divesting the same from Loyej Gram Panchayat in exercise of powers under section 108(4) of the Gujarat Panchayat Act, 1993, vide order dated 3-3/5/2010 passed..., the land in question was divested from the Gram Panchayat to the Head - State Government. Learned counsel has further submitted that they have also given a representation dated 24.5.2010 to the...
...Section 30(1) (m) of the Gujarat Panchayat Act against the Sarpanch of Nana Ambaliya, Tal. Limkheda, Dist. Dahod.
(E ) Your Lordships may be pleased to quash and set...
C/SCA/4479/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL...
STATE OF GUJARAT
========================================================= Appearance:
MR YV VAGHELA(2450) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No...
...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;
Page 1 of 16...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 t...) of the Gujarat Panchayat Act";
2 By way of the impugned order dated 4.7.2022 passed by the respondent No.2 - Additional...
...had breached the provision of section 30(m) of the Gujarat Panchayat Act and suppressed the correct facts of their having more than two children by filing false affidavits...section 30(1)(m) of the Gujarat Panchayats Act, 1993. Section 30 lays down various declarations. subsection (1) of section 30, interalia, provides that no person shall be a R/CR.MA/9893/2013...disqualification of clause (M) of Section 30 of the Gujarat Panchayats Act. The FIR does not allege that the petitioner as an...