YASHINBHAI ISMAILBHAI MANDLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal has been preferred by the appellant challenging the judgment dated 20.09.2018 passed by the learned Single Judge confirming the decision of the Commissioner of Municipalities, Gujarat State, dated 06.06.2018 of removing the appellant from his office as Municipal Councillor, Viramgam Municipality, exercising powers under Section 37 of the Gujarat Municipalities Act, 1963. A show cause notice had been issued to the appellant on 07.03.2018 under Section 37 of the Gujarat Municipalities Act, 1963, inter alia calling upon him to show cause as to why he should not be removed as a Councillor of Viramgam Municipality for two separate charges mentioned in the said notice. After giving opportunity of hearing to the appellant, the Commissioner of Municipalities, Gujarat State, had passed the order impugned before the learned Single Judge, which order came to be confirmed vide the judgment impugned before us.

(2.) The facts as can be culled out from the oral submissions of learned Senior Counsels appearing for the appellant as well as for the Respondent Municipality and from the oral submissions of the learned AGP and after perusing the record, can be summed up as hereunder:

(3.) Heard learned Senior Counsel Shri Mihir Thakore with learned Advocate Shri Dipak B. Sanchela for the appellant, learned Senior Counsel Mr. Gautam Joshi with learned Advocate Shri Harshesh Kakkad for Viramgam Municipality and learned AGP Shri Jashwant K. Shah for the State Government.