CHANDRIKABEN KAPILBHAI JOSHI Vs. COLLECTOR BHAVNAGAR DISTRICT

JUDGEMENT

(1.) Rule. Service of Rule is waived by the Counsel for the respondents.

(2.) Heard learned Counsels for the parties.

(3.) The brief facts which led to this petition are that the petitioner was elected as Councillor from Savarkundla in November 1994. The Savarkundla Municipality under Slum Clearance Scheme had undetaken construction of concrete roads within the Municipal limits for which it had invited tenders for supply of cement, concrete metal, stone etc. Tender for supply of portland cement submitted by one Dharmendra Narmadashankar Joshi was accepted along with supply of hand crushed 40 mm metal. The payment for the supplies made by the said Dharmendra Narmadashankar Joshi were also made by the Municipality. The said Dharmendra Narmadashankar Joshi is brother of petitioner's husband. On some complaint being lodged the Collector issued notice under Sec. 38(2) to the petitioner that she had to show cause against the proposed action for treating the petitioner to have incurred disqualification and requiring her to vacate the seat under Sec. 38(1)(b)(i) read with Sec. 11(2)(c) of the Gujarat Municipalities Act, 1963. On 22-1-1996, the Collector made the order that the petitioner cannot continue as a member of the Municipality as per the provisions contained in Sec. 38(1)(b)(i) of the Act, because she has rendered herself disqualified as per condition No. 1 of Sec. 11 of the Act; it declared the seat held by the petitioner as vacant. Hence this petition. The petitioner contends that on the face of the order, it does not disclose that the petitioner has incurred disqualification referred to in Sec. 11(2)(c) which renders a person disqualified to hold the office in terms of Sec. 38(1)(b)(i), notwithstanding that fact about relationship between the petitioner and said Dharmendra Narmadashankar Joshi as stated above has been accepted and also the fact about the contract of supply of cement and metal having been given to said Dharmendra Narmadashankar Joshi.