JUNAGADH MUNICIPALITY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India challenging the action of the State Government to constitute Junagadh Municipal Corporation before the tenure/duration of the petitioner No.1 Municipality is over and that too, without dissolving the Municipality and without giving a reasonable opportunity of hearing to the petitioner No.1 Municipality. During the pendency of this petition, the petitioner has also moved draft amendment whereby the petitioner has prayed for quashing and setting aside the Notification No. KV-125/02/MNA/1001-CMR-41(i)P dtd. 13.09.2002 constituting the Municipal Corporation for the city of Junagadh and appointing the Collector as an Administrator of the Municipal Corporation.

(2.) The petitioner has further prayed for quashing and setting aside the Notification dtd. 16.12.2002 whereby the Administrator was directed to exercise all the powers and perform all the functions and duties of the authorities referred to in Items (i) to (iv) of Sub-paragraph (a) of Paragraph 22 in Part IV of Appendix IV to the B.P.M.C. Act during and from the period of his appointment i.e. 15.09.2002 as Administrator and Municipal Commissioner.

(3.) In C.A. No. 6110/2003 the petitioner has sought direction from this Court to the respondent authorities to restrain Shri R.K. Pathak, IAS, to work as an Administrator & Municipal Commissioner of Junagadh Municipal Corporation with effect from 14.09.2003 by staying further execution operation and implementation of the Notification dtd. 13.09.2002.