KIRTISINH G RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters P4tent Appeal is directed against the order dated the 26/03/1990 passed by the learned single Judge of this Court in Special Civil Application No 2557 of 1990 whereby he has summarily rejected the said Special Civil Application

(2.) In the Special Civil Application the relevant relief claimed by the appellant was for the issuance of an appropriate writ Direction or Order quashing and setting aside the decision and order dated the 5/03/1990 of the Director of Municipalities Gujarat State confirming the order dated the 11/01/1990 passed by the Collector of Surendranagar. By the order dated the 11/01/1990 the Collector had declared that the appellant was disabled from continuing as a Member and President to the Wadhwan Municipality inasmuch as the appellant was professionally interested or engaged in a case against the Municipality during the term for which he was elected as a Member of the Municipality.

(3.) Shortly the facts of the case are as follows. The appellant is a practising advocate of Wadhwan and he had contested election to the Wadhwan Municipality and he was declared on 30/09/1988 as having been elected as a Member of the Municipality. It appears that prior to the filing of the nomination paper for the election the appellant was engaged as the advocate of one Prajapat Popat Karsan who had filed Civil Suit No. 32 of 1988 in the Court of the Civil Judge (J.D.) Wadhwan claiming certain reliefs against the Wadhwan Municipality. It is alleged that even after being elected to the Municipality on 30/09/1988 the appellant continued to represent the aforesaid Prajapati Popat Karsan in the aforesaid suit against the Municipality. On the basis of this allegation an application was made by certain persons against the appellant to the Collector of Surendranagar stating that the appellant was disabled from continuing to be a member of the Municipality and his office should be declared as having fallen vacant as provided for by Sec. 38(1) (c) of the Gujarat Municipalities Act 1963 (hereinafter to be referred to as the Act). The Collector held inquiry on the aforesaid application and found that the appellant had continued to represent the plaintiff in the aforesaid suit against the Municipality even after his election on 30/09/1988 and therefore he was disabled from continuing as a member of the Municipality and his seat had fallen vacant. As stated earlier this order was passed by the Collector on 11/01/1990 and the appellant challenged the same by filing an appeal to the State Government and the appeal was decided by the Director of Municipalities Gujarat State by his order dated the 5/03/1990 confirming the order of the Collector. In the aforesaid Special Civil Application the appellant challenged this order passed by the Director of Municipalities Gujarat State acting on behalf of the State Government.