JUDGMENT

S.B. Sinha, J.-[Minority Judgment]

Leave granted.

2. A short but an interesting question as regard interpretation of the provisions of Section 40 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as the Act for the sake of brevity) falls for consideration in this appeal which arises out of a judgment and order dated 24.12.2001 passed by a Division Bench of the Gujarat High Court in Letters Patent Appeal No. 900 of 2001 in Special Civil Application No.4932 of 2001 affirming a judgment and order dated 28.8.2001 of a learned Single Judge of the said High Court in Special Civil Application No. 4832 of 2001.

3. The basic fact of the matter is not in dispute.

The appellant herein was elected as a President of Anand Municipality. His term of office was to expire on 30.6.2002. The 6th respondent herein lodged two First Information Reports before the Anand Town Police Station which were marked as C.R. No. 257 of 2001 and C.R. No. 254 of 2001 for commission of alleged offences under Sections 307, 143, 147, 148 and 149 of the Indian Penal Code read with Section 25(C) of the Arms Act and under Section 135 of the Bombay Police Act.

4. In connection with investigation of sai