VIRBALABEN GIRISHBHAI TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeals arising from the interlocutory order dated 4. 12. 2009 of the learned Single Judge in the captioned Special Civil Applications challenging the order dated 20. 7. 2009 of the Director of Municipalities removing the appellants from the offices of the President and 14 Councillors of Padra Municipality in Baroda District under Section 37 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act") were heard for sometime, but in view of the nature of the controversy involved and the fact that the elections are declared to fill in the vacancies consequent upon removal of the appellants from the above office, with consent of the learned counsel for the parties, the Special Civil Applications as well as the appeals were taken up for final disposal.

(2.) WE heard Mr KS Nanavati, learned Senior Advocate for the appellants, Mr Prakash K Jani, learned Government Pleader for the State of Gujarat and the Director of Municipalities, Mr Nilay V Anjaria, learned counsel for the State Election Commission and Mr JM Barot for respondent No. 4.

(3.) THE orders of removal under Section 37 of the Act came to be passed against the appellants on the ground that the appellants had signed the circular resolution dated 12. 4. 2006 for awarding contract to M/s. Dayal Builders for laying down drainage lines in Padra town. After giving the show cause notice dated 28. 7. 2008 and opportunity of hearing to the appellants, in exercise of the powers under Section 37 read with Section 278a of the Act, the Director of Municipalities gave findings that there was no provision in the Act empowering the general body of the Municipalities to take any decision by passing a circular resolution, that such decision can only be taken at the general meeting, that the tender of Dayal Builders was accepted without following the proper procedure and that the circular resolution of the Municipality was also set aside by the Collector under Section 258 of the Act. After giving the above findings, the Director of Municipalities arrived at the following conclusion in his order dated 20. 7. 2009 :-