PRAVINBHAI MULUBHAI GADHAVI Vs. P D VAGHELA

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the order dated 25. 06. 2008 passed by respondent no. 1 and further to allow the petitioner to cross-examine the witnesses.

(2.) THE short facts of the case are that the petitioner and respondents nos. 2 to 12 were the elected members of the Palitana Municipality. In the month of November, 2005, the petitioner was elected as a President of the said Municipality. As some disputes arose between respondents nos. 2 to 4 and the petitioner and respondents nos. 5 to 12, respondents nos. 2 to 4 preferred an application being Application No. 10 of 2006 before the competent authority, against the petitioner and respondents nos. 5 to 12 to for disqualification of the members from the said Municipality. However, the competent authority issued notice to the petitioner and respondents nos. 2 to 12. The petitioner and respondents nos. 2 to 12 filed the reply and raised the preliminary objection regarding the maintainability of the said application. The competent authority vide order dated 14. 03. 2008 rejected the said application. Thereafter the matter was kept for hearing and to cross-examine the witnesses. However, the competent authority did not allow the petitioner to cross examine the witnesses. Hence, this petition.

(3.) WITH the above observation, the petition stands disposed of. Rule is made absolute to the aforesaid extent.