INDRAJIT VALLABHBHAI PATEL Vs. V H SHAH

JUDGEMENT

(1.) SHRI G.M. Joshi, learned counsel for the petitioner; Shri L.R.Pujari, learned AGP for the respondents no. 1 and 2.

(2.) SHRI Joshi submits that the respondent no. 3 has expired and as the cause was personal against the respondent no.3 and the respondent no.3 having joined the appellate proceedings in his personal capacity, there is no need to substitute the legal representatives.

(3.) THE short facts necessary for disposal of the present writ application are that the petitioner was an elected member of the Municipal Council of Anand Municipality. One Shri Yunus Vora filed an application before the Collector, Kheda purporting to be an application under Section 38 of the Gujarat Municipalities Act, 1963 seeking a declaration that the petitioner is not a citizen of India and as such, was not entitled to hold the office of a Councilor of Anand Municipality. The petitioner appeared before the Collector and submitted that in view of the provisions of Citizenship Act, 1955 the Collector had no jurisdiction to interfere in the matter. However, the Collector held against the petitioner by order dated 19.3.96. The petitioner thereafter filed an appeal before the Director of Municipalities, who, in his turn, after hearing the parties and after recording certain findings in favour of the petitioner vide his order dated 16.10.96 set aside the order passed by the learned Collector and remanded the matter back to the Collector with a direction to pass order afresh in accordance with law. It is to be noted that the present respondent no. 3 Babubhai Girdharbhai Patel made an application before the Director of Municipalities for being heard as party and the said prayer was granted by the Director of Municipalities.