JASHODABEN J PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of these petitions, the petitioners have prayed to quash and set aside the show cause Notices, issued by respondent no.3, dated 14.09.2010, whereby, the petitioners have been directed to show cause as to why action u/s. 37 & 70 of the Gujarat Municipalities Act, 1963 (for short, the said Act) be not initiated against them; and such other ancillary reliefs.

(2.) The facts in brief are that the petitioners herein came to be served with the impugned Notices, issued by respondent no.3, dated 14.09.2010 calling upon them to show cause as to why they should not be removed u/s. 37 of the said Act and as to why proceedings u/s. 70 of the said Act be not initiated against them for the alleged irregularity / misconduct committed by them in the construction work of the check-dam over river Meshri.

(3.) It is the case of the petitioners that the impugned show cause Notices issued to them is beyond the scope & without jurisdiction since the power for removing a Councilor can be exercised only when, at the time of issuance of such Notice, the person concerned is holding the Office in the Nagar Palika.