ANKUL M JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN light of the view that the Court is inclined to adopt, the petition is taken up for final hearing and disposal today. RULE. Learned Assistant Government Pleader and learned advocate appearing for the respective parties are directed to waive service.

(2.) THE petitioner was elected as concillor of Kathlal Municipality. On 28. 09. 2007 a show cause notice came to be issued to the petitioner in exercise of powers under Section 37 of the Gujarat Municipalities Act, 1963. It is not necessary for the present to set out the contents and facts narrated in the show cause notice. Suffice it to state that ultimately an order came to be made by the Director of Municipalities on 20. 07. 2009 removing the petitioner from the post of councillor of the Municipality. The said order is under challenge.

(3.) THE principal grievance ventilated on behalf of the petitioner is that in the show cause notice itself the respondent authority has placed reliance on a report dated 21. 09. 2007 made by Deputy Collector, Kheda without supplying a copy of the said report to enable the petitioner to meet with the grounds on the basis of which the action in question has been initiated.