RAJESHBHAI MANGUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this petition under Article 226 of the Constitution of India is to the show cause notice dated 21.03.2012, issued by the Director of Municipalities (respondent No.2), asking the petitioner to show cause why he should not be removed as a Councillor/ President of the Valsad Municipality.

(2.) Briefly stated, the facts, as stated in the petition, are that the petitioner successfully contested the election to the Valsad Municipality held on 17.02.2008, and was elected as a Councillor of the said Municipality. The petitioner thereafter contested the election for the post of President and was elected as such, in the meeting held on 06.09.2010. Since then, the petitioner is functioning as President of Valsad Municipality. According to the petitioner, he was elected as an Independent Councillor and was not affiliated to any particular political party. However, later, the petitioner joined the Bhartiya Janta Party. Proceedings for his disqualification were commenced, which are not the subject-matter of the present petition. It is the case of the petitioner that with a view to removing him from the office of President, for reasons best known to the authorities, the impugned show cause notice dated 21.03.2012, has been issued to him. According to the petitioner, some of the allegations contained in the show cause notice have no force, whereas some of them pertain to incidents that took place in the previous term of the petitioner, i.e. 2003-2008. It is asserted by the petitioner that respondent No.2 has no power or competence to issue a show cause notice for alleged misconduct of the previous term. Hence, the petitioner has approached this Court and prayed for issuance of a Writ of Prohibition restraining respondent No.2 from proceeding with the adjudication of the impugned show cause notice.

(3.) Mr.B.M.Mangukiya, learned advocate for the petitioner, has made the following submissions: