BIPINCHANDRA PARSHOTTAMDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original petitioner against the order of the learned Single Judge dated 28-08-2001 whereby the Writ Petition against the order of his suspension from the Office of elected President of Anand Municipality has been dismissed.

(2.) The brief facts of the case are that the petitioner held the Office of President of Anand Municipality. His term of Office is upto 30-06-2002. It is not in dispute that he was detained in jail custody from 13-06-2001 to 06-07-2001 and was released on bail on 07-07-2001. The detention in jail of the petitioner was in connection with a case registered in Anand Police Station as C.R. No. 257 of 2001 and C.R. No. 254 of 2001 for alleged offences under Sections 307, 143, 147, 148 and 149 of the Indian Penal Code (IPC) read with Section 25(C) of the Arms Act and under Section 135 of the Bombay Police Act.

(3.) The Director of Municipalities by his impugned order dated 21-06-2001 in exercise of his powers under Section 40 of the Gujarat Municipalities Act, 1963 (for short `the Act') suspended the petitioner from the Office of the President on the ground of his detention in prison. The Appeal preferred by the petitioner under subsection (3) of Section 40 of the Act has been dismissed by the State Government through the Deputy Secretary, Urban Development and Urban Housing Department of State of Gujarat.