HASMUKHBHAI MAVJIBHAI VANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) One Hasmukhbhai Mavjibhai Vaniya is before this Court. He is an elected member of Bavla Nagar Palika. The petitioner is before this Court contending that when the law, i.e. Gujarat Municipalities Act, 1963 (hereinafter referred to as 'the Act' for short), does not prescribe any specific term for President or Vice President, the term should be taken to be as prescribed by Circular No. NPL/452000/365/M dated 17.12.2002. The said circular is to the effect that on consultation with the Law Department and on interpreting the relevant provisions of law, it is clear that in the enactment, there is no clear provision providing for the specific term of the Vice President of the Nagar Palika and therefore, it should be 'co-extensive with the term of Nagar Palika'. The learned advocate for the petitioner submitted that in view of the contents of this Circular dated 17.12.2002, Resolution No.65 dated 5.3.2008, whereby the term of the Vice President is decided to be two and half years, is illegal and, therefore, the relief, as prayed for, is required to be granted.

(2.) The relief prayed for in this petition is as under:-

(3.) The very fact that there is no clear provision prescribing the term of the Vice President, in the Act, it was not possible for the Government to prescribe the term by a circular and say that the term of Vice President will be 'co-extensive with the term of Nagar Palika'.