NITABEN MANHARBHAI RABHERU Vs. KESHOD MUNICIPALITY

JUDGEMENT

(1.) What is challenged in this petition under Article 226 of the Constitution is the order dated 11.1.2002 (Annexure "A") passed by the Collector, Junagadh in Case No. 10 of 2001 under sub-section (5) of Section 35 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act").

(2.) The petitioner herein was elected as a Member of the Keshod Municipality. The election was held on 2.1.2000 and the petitioner was declared as elected on 4.1.2000. On 14-2-2001, the petitioner filed an application before the Collector, Junagadh making a grievance that the President of the Municipality had got up the resignation alleged to have been given by the petitioner on 14.12.2000 though the petitioner had not given any such resignation. The Collector considered the statements of the President of the Municipality, the Chief Officer of the Municipality and the petitioner and held that under the provisions of sub-section (5) of Section 35 of the Act, the dispute was required to be raised within 30 days from the date on which the resignation was accepted. Since the resignation was accepted by the President on 14.12.2000, it came into force on the same day and, therefore, the dispute was required to be raised within 30 days from that day, but the petitioner raised the dispute before the Collector only on 14.12.2001 and, therefore, the dispute was not maintainable. The Collector further held that the petitioner has not produced any evidence to prove that the petitioner had not resigned and that looking to the evidence, the petitioner had given resignation without date and the said resignation was accepted by the President of the Municipality on 14.12.2000. Aggrieved by the aforesaid order, the petitioner has filed the present petition.

(3.) At the hearing of this petition, Ms Hetal Pawar, learned counsel for the petitioner has challenged the impugned order on the following grounds :-