(1.) . Heard learned counsel. The petitioners herein claims to he elected members of the Mehsana Nagar Palika. It is given out by the learned counsel for the petitioners that they were elected in the year 1996 as members of the Municipal Council and they also became members of the Town Planning Committee. It is also given out that the terms of the petitioners as members of the Town Planning Committee had expired on 31.3.1998. They seek to challenge the initiation of action under Sec. 37. Sec. 38 and Sec. 70 of the Gujarat Municipalities Act, against them.
(2.) . While arguing this petition, the learned counsel for the petitioners has referred to the document Annexure 'B' dt. 24.2.1999 which is a show cause notice issued by the Director of Municipalities under Sec. 37 of the Gujarat Municipalities Act calling upon the petitioners to show cause as to why they should not be removed from the membership of the Municipal Council. This show cause notice also indicates that they were to be personally heard on 8.3.1999. This show cause notice was replied by the petitioners on 8.4.1999 and a copy of this reply dt. 8.4.1999 has been placed on record as Annexure 'C'. It is admitted before this Court by the learned counsel for the petitioners that after filing of the reply dt. 8.4.1999, no order has been passed against any of the petitioner removing them from the membership of the Municipal Council. However, a grievance has been raised that although no order has been passed removing them from the membership of the Municipal Council, an order has been passed by the Director of Municipalities on 23.4.1999 and that order gives another cause of action to the petitioner for challanging the same inasmuch as the Director of Municipalities has ordered that a loss has been caused to the Council to the extent of Rs. 1,23,000.00 in the matter of certain construction work for which the Chairman and the members were jointly and severally liable and, therefore, the Director had taken a decision to start the proceedings under Sec. 70 of the Gujarat Municipalities Act against the petitioners and by the same order dt. 23.4.1999, the copy of which has been placed on record as Annexure 'D'. the Collector, Mehsana has also been asked to take action in accordance with Sec. 38 of the Gujarat Municipalities Act. The relevant provisions of Sec. 37, Sec. 38 and Sec. 70 of the Gujarat Municipalities Act are reproduced as under :
(3.) . The learned counsel for the petitioners has also referred to order Annexure 'E' dt. 10.5.1999, which has been passed by the Collector, Mehsana whereby the Collector, Mehsana had called upon the petitioners for personal hearing and present their case on 18.5.1999. It is submitted by the learned counsel for the petitioners that a reply was also filed on 18.5.1999 before the concerned Collector and it is also admitted before this Court that thereafter, the Collector has not passed any order. The learned counsel for the petitioners has also placed reliance on a decision of this Court in the case of Chimanbhai R. Patel vs. Anand Municipality & Ors., reported in 1983 (1) GLR 67 and in the case of Satiskumar R. Ahir vs. Director of Municipalities, reported in 1998 (1) GLH 143 and it has been further pointed out by the learned counsel for the petitioners that this decision of the single Judge reported in 1983 (1) GLH 143 (Supra) has been confirmed by the Division Bench in the case of P.D. Gandavi vs. Satishkumar Rameshchandra, reported in 1998 (1) GLH 301.