MEMAN ASLAM HUSSAIN G Vs. DIRECTOR OF MUNICIPALITIES

JUDGEMENT

(1.) Leave to amend as per the draft. The matter which was before the learned single Judge has come up before the Division Bench in view of the amendment challenging the validity of Sec. 260 of the Gujarat Municipalities Act, 1963. Said Sec. 260 reads as follows :

(2.) The learned Counsel for the petitioners submitted that the Sec. 260 is arbitrary and gives unguided powers to the Director of Municipalities to issue directions and therefore, that provision is violative of Art. 14 of the Constitution. It is also submitted that the conferment of powers on the Director amounts to undue interference in the functioning of an autonomous local authority. It is also submitted that the section does not provide for any hearing to the concerned employees and does not provide for any inquiry by the Director and therefore, the provision is arbitrary and unconstitutional.

(3.) The section clearly indicates the guidelines that whenever there is extravagant expenditure or excessive staff, the Director of Municipalities is enabled to issue directions to the Municipality to put the things right by directing the Municipality to reduce the number of employees. These guidelines guide the exercise of powers of the Director and it cannot be said that there are arbitrary and unguided powers conferred on the Director.