GANDABHAI BECHARDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present petition under Article 226 of the Constitution, the petitioner challenged order of learned Presiding Officer, 6th Fast Track Judge, Mehsana dated 13th January, 2016 under Section 70(4) of the Gujarat Municipalities Act, 1963, whereby he confirmed order dated 11th June, 2002 of the Director of Municipalities.]

(2.) Exercising powers under Section 70 of the Act, the Director of Municipalities-respondent No.2 herein directed to recover amount of Rs.22,95,442.27 Ps. from the petitioner.

(3.) A summary of relevant facts may be mentioned. The petitioner was elected as Councillor in 1998 of Vijapur Municipality and came to be elected as President of the Municipality. On 04th July, 2000 the petitioner was served with a show cause notice under Section 70(1) of the Gujarat Municipalities Act, 1963 (hereinafter referred to as 'the Act' for sake of brevity). It was alleged in the notice that the petitioner has misapplied funds of the Municipality to the tune of Rs.22,95,442.27 and was thus liable to be subjected to proceedings under Section 70(1) of the Act. The petitioner filed his reply. The competent authority passed order dated 11th June, 2002 to hold the petitioner liable to pay the aforesaid amount. The petitioner thereafter preferred appeal under Section 70(4) before the learned District Judge, Mehsana. The appeal came to be dismissed, leading to filing the present petition.