INDRAJIT VALLAVBHAI PATEL Vs. COLLECTOR OF KAIRA

JUDGEMENT

(1.) Rule. Mr. G. D. Bhatt Additional Government Pleader appears and waives service of the rule on behalf of respondents Nos. 1 and 3. Mr. Hemant Munsha appears for respondent No. 2 and waives service of the rule with consent of parties the matter is taken up for hearing today itself.

(2.) The petitioner was an elected member of the Anand Nagar Palika. It was declared by the Collector Kheda by his order dated 8/07/1988 under Sec. 38 that the petitioner is disqualified under Sec. 11 of the Gujarat Municipalities Act 1963 The said decision was upheld by the Director of Municipalities in appeal. Aggrieved by these orders the petitioner who is a Councillor elected from Ward No. 10 of the Anand Nagar Palika has filed this Special Civil Application for quashing the orders passed by the Collector Kheda and the Director of Municipalities which are Annexures A and B respectively to the petition. No doubt the petitioner has also prayed for a declaration that the provisions of Sec. 11(1)(d) read with Sec. 38(1) of the Gujarat Municipalities Act 1963 are ultra vires the provisions of Arts. 245 and 246 of the Constitution of India read with Schedule VI List V Entry 17 thereof and Sec. 9 of the Citizenship Act 1955

(3.) It is an admitted fact that the petitioner herein was born outside India i. e. in Campala in Africa that the petitioner holds British Passport that the petitioner came to India on tourist visa and that the petitioner had main an application for acquiring Indian citizenship. On these facts the authorities concerned invoked the provisions of Sec. 38(1)(a) of the Gujarat Municipalities Act for disqualifying the petitioner and for passing orders impugned in this Special Civil Application. Section 38(1)(a) reads as under: