AJITSINH R JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges show-cause notices dated 21-11-2008 and 2-1-2009 issued in exercise of powers under Sec. 37 of the gujarat Municipalities Act, 1963 (the Act ).

(2.) THE petitioner was elected as Councillor of Jetpur-Navagadh Municipality in February, 2003. During the tenure of the said elected body the petitioner held post of President between 12-9-2005 to 4-3-2008. Impugned show-cause notices have been issued on 21-11-2008 and 2-1-2009 and both the notices specifically referred to the alleged defaults during the period of office held in the earlier tenure of the body of which the petitioner was Councillor. It is an accepted position that fresh elections took place in February, 2008 and the petitioner was declared to be elected vide certificate issued by the Election Officer on 19-2-2008.

(3.) IN the backdrop of aforesaid facts, learned Advocate for the petitioner has submitted that the impugned notices are bad in law, being without jurisdiction considering the fact that the defaults alleged pertained to the period relatable to the preceding elected body which is no longer in existence and in the newly elected body the petitioner has been re-elected with effect from 19-2-2008. Therefore, it was submitted that in light of the decision of this Court in the case of Chhanalal A. Patel v. State of Gujarat, 1960 GLR 260 removal from office has to be confined in point of time only to the term of the local body because the misconduct has to be relatable to the term of office and not at any point or period of time beyond the term of office. That though the said judgment was in context of provisions of Bombay Local Boards Act, 1923 the ratio would be applicable. According to the learned Advocate the petitioner deserves to succeed on this limited count.