LAWS(GJH)-2012-12-178

PORBANDAR MUNICIPALITY Vs. STATE OF GUJARAT

Decided On December 27, 2012
Porbandar Municipality Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD Mr.N.D.Nanavaty, learned Senior Counsel, with Mr.B.M.Mangukiya, learned advocate for the petitioners, Mr.Prakash Jani, learned Government Pleader, with Ms.Asmita Patel, learned Assistant Government Pleader for respondent Nos.1 to 3, and Mr.C.B.Upadhyaya, learned advocate appearing for private respondent Nos.4 to 7.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

(3.) THE petitioners, being the elected members of Porbandar Municipality for short 'the Municipality' , were served with show cause notice dated 21.07.2012 as provided under Section 263 1 of the Gujarat Municipalities Act, 1963 the Act on 22/23.07.2012 as under the provisions of Section 76 of the Act the Municipality was supposed to sanction its budget before 31st March of every year, however, the Municipality could not do so, in spite attempts were made on 12.03.2012, 26.04.2012 and