RAGHUBHAI M DESAI Vs. VINAY VHAS IAS

JUDGEMENT

(1.) Whether removal of petitioners from the office of councillors of Ghatlodiya Nagarpalika by the order of respondent No. 1, Director of Municipalities, dated 3.3.1999, in exercise of powers, under Section 37, of the Gujarat Municipalities Act, 1963 (`the Act' for short) on the ground of irregularities and indulging in giving employment to the close relatives, without any procedure and unauthorisedly, is short, but significant question which has been raised before this court in this petition under Article 226 of the Constitution of India.

(2.) A few material facts giving rise to this petition are narrated. At the outset, the petitioners were councillors of Ghatlodiya Nagarpanchayat and petitioner No. 1 was the President, at the relevant time, whose term expired long before and the terms of membership i.e. office of councillors expires around December this year, as stated at the Bar. The respondent is the Director of Municipalities who had initiated proceedings under Section 37 of the Act by issuing notice dated 12.1.1999. One notice was addressed to the President and the Member, petitioner No. 1 and the second notice of the same date was served on other petitioners. Show cause notice under Section 37 was replied. Written submissions were made. After considering the facts and circumstances and exercising the powers under Section 37 of the Act, respondent No. 1, Director of Municipalities passed the impugned order on 3.3.1999 holding that the petitioners are guilty of misconduct in the discharge of their duties and indulgence in irregularities which is under challenge in this petition.

(3.) Section 37 empowers the State Government to remove from office councilor, any President or Vice President of the Municipality. Respondent No. 1 has exercised powers under Section 37 of the Act. Section 37 of the Act, therefore, may be considered at this stage which reads thus:-