HARGOVIND LALLUBHAI INTWALA Vs. A K CHAKRAVARTI

JUDGEMENT

(1.) This is a petition by one Billimora Municipal Councilor challenging the order of his having been declared disqualified under section 11(2)(c) of the Gujarat Municipalities Act 1963 passed by the Respondent No. 1 Collector Valsad whose order came to be confirmed by the Government as per their order Annexure B dated 28-12-1977.

(2.) A few facts require to be stated. The Municipality was in need of some concrete and like material for the purpose of courting out the preemptory repairs of the road in one street of Billimora. Tenders were invited for that material but no one turned up with the result that no material could be procured. The Municipality thereafter authorised its Chief Officer to procure materials. One firm offered to supply but the rate quoted by that firm was very high. The President of the Municipality therefore contacted the petitioner Councilor who is a partner of one firm M/s Duvada Stones Supply Company ordinarily dealing in similar goods. Pursuant to the directions of the President of the Municipality on 24 the materials worth Rs. 73125 with the liability of sales tax and surcharge amounting to Rs. 81.89 were supplied on 3-1-1976. The bill for the sale materials together with the amount of tax and transport charges was submitted by the said firm in which the petitioner is a partner. A cheque for the amount covering the price of the material sales-tax and transport charges was given in favour of the firm in the evening of 16 As the amount of the transport charges was not to be recovered the petitioner instructed his firm to pay back the said amount and therefore on the very following day namely 17-2-1976 the cheque for that amount of the transport charges namely Rs. 262.50 was given to the Municipality which was no cashed also. In the mean time on 14-2-1976 one Sadhuram and three others bad moved the Collector Valsad under sec. 38 of the Act complaining that by entering into the contract with the Municipality for supply of aforesaid goods the petitioner had incurred the disqualification and therefore should be declared so disqualified. The Collector took up the matter and passed the impugned order which came to be confirmed by the Government as per their order Annexure B dated 28-12-1977.

(3.) Sec. 11 (2) (a) in so far as it is relevant for our purpose would read as follows:-