SATISHKUMAR RAMESHCHANDRA AHIR Vs. V H SHAH

JUDGEMENT

(1.) Satishkumar Rameshchandra Ahir, a resident of Junagadh has filed the present petition to challenge the order passed by the Director of Municipalities, respondent No. 1 herein, on 3rd February, 1997 under S.37 of the Gujarat Municipalities Act, 1963.

(2.) The petitioner is a resident of Junagadh and he contested Municipal election of Junagadh Municipality held in 1994 as Congress (I) candidate. Then he became President of Junagadh Municipality and at that time Congress party was ruling the State of Gujarat. In March, 1995 B.J.P. formed Government in the State of Gujarat. It is the claim of the present petitioner that as he belongs to Congress (I) party and B.J.P. wanted to have the control over Junagadh Municipality, the State Government initiated proceedings against him. The proceedings against the petitioner was initiated under Essential Commodities Act, 1980 and he was detained by an order passed under S.3(2) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980. Thereafter, the show-cause notice was issued to him under S.37 of the Gujarat Municipalities Act, 1963 to show cause why he should not be removed as Municipal councillor by exercising powers under S.37 of the said Act of 1963. The petitioner gave a detailed reply regarding said show-cause notice and had contended that the said action against him was mala fide and not tenable in law. He had also cited before the respondent No. 2 case of Chimanbhai Patel v. Anand Municipality , reported in 1983(1) GLR 67, in support of his contention that action initiated against him under S.37 is illegal and untenable.

(3.) But all the contentions raised by him were negatived by the respondent No. 2 and by his order dated 3rd February, 1997 he removed the petitioner by passing the following order :