POPATLAL DEVIDAN GANDAVI Vs. SATISHKUMAR RAMESHCHANDRA AHIR

JUDGEMENT

(1.) This is an appeal preferred by a third-party after having obtained leave of this Court. Respondent No. 1 was the President of the Municipal Corporation. An order was passed against him under S.37(1)(b) of the Municipalities Act alleging that he had shown disgraceful conduct. The order was challenged by him before the learned single Judge and the learned single Judge allowed the Special Civil Application and held that merely because there happened to be registration of an offence against the 1st respondent and when that offence was not alleged to have been committed by him in discharge of his duties as Municipal Councillor, it was not open for the State Government to remove him under S.37 of the Gujarat Municipalities Act.

(2.) The judgment of the learned single Judge is under challenge by way of this Letters Patent Appeal before us.

(3.) The learned Counsel for the appellant submitted that S.37(1)(b) of the Act could be invoked against the President of the Municipality even if the disgraceful conduct is unconnected with his duties as the President of the Municipality. Section 37(1)(b) reads as under :