SUBHASH DOLATRAY BHOJWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the present petition, petitioners have challenged an order dated 1.7.08 passed by the Collector, Vadodara by which the Collector was pleased to suspend the operation of resolution No. 34 passed by the Municipality on 26.6.2006.

(2.) BRIEF facts leading to the present petition are as follows:

(3.) APPEARING for the petitioners, learned advocate Shri Ashish Shah submitted that the Collector committed grave illegality in suspending the resolution of the Municipality without valid grounds. He submitted that powers under Section 258 of the Act cannot be utilized for such purpose. He further submitted that the general body had the authority to adjourn the proceedings if majority of the councillors found it necessary to do so. There is no limitation on the power of the general body to regulate its internal functioning during meeting and the general body had ample power to adjourn the meeting to a future date. It was contended that the issue has been settled by learned single Judge of this Court in the case of Gordhanbhai v. Upleta Municipality : AIR1989Guj205 .