PATEL NARAYANBHAI S Vs. COLLECTOR OF VALSAD

JUDGEMENT

(1.) The petitioners of Special Civil Application No. 8558 of 1992 have challenged the resolution of the General Meeting of the respondent Municipality electing the respondent Mr. Natvarlal as the president of the Municipality and seeking a direction on the respondent No. 1 Collector to decide the dispute of the alleged resignations of the petitioners No. 3 and 4 and the respondent Mr. Natverala as the Councillors of the Municipality and hold election of the President and Vice-President as per the provisions of the Gujarat Municipalities Act, 1963 and the Rules thereunder. The challenge against the resolution dated 9.11.1992 by which the respondent Natvarlal was elected as a president for a period of three years is based on the allegation that the petitioners No. 3 and 4 were wrongfully excluded from exercising their votes as the Councillors on the ground that they had resigned and further that the respondent Natvarlal himself had resigned as a councillor and therefore could not have been elected as a President.

(2.) In Special Civil Application No. 5515/1993 the petitioner who is also the petitioner No. 1 in Special Civil Application No. 8558 of 1992 has prayed for setting aside the order passed by the respondent No. 2 Collector on 11.1.1993 by which he held that there was no effective resignation of the respondent Natverlal.

(3.) Both the petitions were heard together at the request of the learned Counsel appearing for both the sides.