BABUBHAI MULJIBHAI PATEL Vs. NANDLAL KHODTDAS BAROT

JUDGEMENT

(1.) On a petition under Article 226 of the Constitution of India filed by Nandlal Khodidas Barot respondent No.1 the Gujarat High Court issued a writ of certiorari and quashed order dated June 9, 1973 of the Collector, Mehsana, respondent no.3, whereby it had been held that the no confidence motion against Babubhai Muljibhai Patel appellant as the President of Kalol Municipality had not been validly passed. The High Court further held that the appellant had ceased to be President of that municipality since May 10, 1973 and that since that date he was usurper of that office. A writ of mandamus was also issued directing the appellant to refrain from functioning as the President of the Kalol Municipality. Direction was further issued to the Collector to hold fresh elections to the post of the President of Kalol Municipality. The appellant has filed this appeal by special leave against the above judgment of the Gujarat High Court.

(2.) Kalol Municipality in district Mehsana has 25 councillors. The appellant was elected President of the said municipality with effect from November 1, 1970. The term of the President is for a period of five years. On November 1, 1972 respondent No.1 moved a motion of no confidence against the appellant Sixteen councillors belonging to the group of respondent No.1 voted for the motion and two counciloors belonging to the group of the appellant voted against it. The Vice President of the Municipality who was in the chair declared that the no confidence motion had failed for want of two-thirds majority of the total number of councillors. In his view, 17 councillors out of 25 constituted the requisite two-thirds majority contemplated by Section 36 of the Gujarat Municipalities Act, 1963 (Gujarat Act No. 34 of 1964) which reads as under:

(3.) On April 21, 1973 a requisition signed by 16 councillors, including respondent No.1 was sent to the President Kalol Municipality for convening a special general meeting of the municipality to consider a motion of no confidence against the appellant as the President of that municipality on the following grounds: