Rupaben Mansukhbhai Tadvi vs State Of Gujarat

A.G.Uraizee, J

Heard Ms. Bhavna D. Acharya, learned advocate for the petitioner.

The following substantive prayers are made in this application:-

"8.(b) Be pleased to issue appropriate, writ, order or direction to quash and set aside the order dated 06.01.2020 passed by the Election Officer, Dharampuri Gram Panchayat & Mamlatdar Office, Dabhoi and order dated 08.01.2020 passed by the Deputy Collector, Dabhoi wherein the Objection application of the petitioner was simply forwarded to the Election Officer to do the needful without considering any seriousness and failed to follow the due procedure in the matter in the interest of justice.

(c) PENDING ADMISSION, FINAL HEARING & DISPOSAL of this petition, STAY the Election to be held on 19.01.2020 and also Stay implementation and operation of the order dated passed by the Election Officer, Dharampuri Gram Panchayat & Mamalatdar Office, Dabhoi and Order dated 08.01.2020 passed by the Deputy Collector, Dabhoi in the interest of justice."

The petitioner is seeking rejection of nomination filed by the respondent No.5 herein to contest the election as a member of Dharampuri Gram Panchayat which is slated to be 06.01.2020 on the ground that respondent No.5 has given false information in her nomination papers as regards the dues outstanding to the government authorities.

Ms. Acharya, learned advocate for the petitioner vividly relied upon the order dated 23.10.2017 passed by the DDO, Vadodara to submit that the husband of the petitioner had applied for allotment of house jointly with respondent No.5 and the respondent No.5 had submitted false affidavit as regards the houses possessed by her and her husband. She has also relied upon the decision dated 12/13.06.2019 passed by TDO, Dabhoi to indicate that the respondent No.5 was disqualify as a member of the Panchayat on account of remaining absent in four consecutive meetings without seeking any leave. She, therefore, urged that the respondent Nos. 2 & 3 have committed a grave error in rejecting the objections filed by the petitioner against the nomination of respondent No.5. She further submitted that as per the Panchayat Rural Housing Department Notification dated 10.10.1995 the dues of any member of the joint hindu family would render the nomination paper invalid. The submission is devoid of substance. Therefore, nothing is on record that the petitioner and husband are members of a joint hindu family, and therefore, for the dues which are outstanding against the husband of the petitioner, the nomination of the respondent No.5 cannot be rejected.

From the perusal of order dated 23.10.2017 passed by DDO, Vadodara, it emerges that at the relevant time, the husband of respondent No.5 was working as Sarpanch of the Gram Panchayat and he applied for allotment of house jointly with respondent No.5. It further emerges from the order that the husband of respondent No.5 submitted an affidavit as regards his family members and the properties possessed by him which later on terned out false, and therefore, recovery order of Rs.1,40,000/- was passed. The entire reading of this order reveals that the respondent No.5 had tendered an affidavit which was later on found to be false. Moreover, from order dated 12/13.06.2019, it emerges that the respondent No.5 was disqualify as a member of the Gram Panchayat for remaining absent in full consecutive meetings without seeking any leave sanction. It is eminently clear that the information submitted by the respondent No.5 herein nomination form as regards outstanding dues cannot be said to be false information and authorities below have not committed any mistake rejecting the objections raised by the petitioner. Hence, the present petition, therefore, does not deserves consideration and is hereby dismissed at the threshold.