RAJUBHAI MOTILAL PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged the proceedings of the extraordinary general meeting held on 17/07/2009 by the general body of Deesa Nagar Palika whereunder in light of provisions of Section 36 of the Gujarat Municipalities Act, 1963 (the Act) the petitioner came to be removed from the post of President of the Municipality upon the no confidence motion being carried by requisite majority. The petitioner has also challenged the subsequent election to the post of President held on 04/08/2009.

(2.) THE facts which are not in dispute are that petitioner was elected as President of Deesa Municipality on 05/05/2008 and at the said election respondent No. 4 herein, Smt. Varshaben Sanjaykumar Mali lost the election by one vote. Subsequently, it appears that Bhartiya Janta Party initiated action against 15 members under the provisions of Section 3 of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986. Ultimately the said 15 persons were removed as members upon being disqualified under the provisions of the said Disqualification Act. Thus against original strength of 36 councillors the total strength in the Municipality stood reduced to 21.

(3.) IT appears that on 09/07/2009 an application in the form of proposal came to be moved expressing no confidence in the petitioner by 11 councillors out of 21 councillors. Pursuant thereto extraordinary general meeting of the body was held on 17/07/2009 where the motion was carried by majority of 14 councillors who were present and voting in favour of no confidence motion, while remaining three councillors who were present did not object to the motion. The petitioner therefore was removed from the post of President of Deesa Nagar Palika.