Judgment

A. C. GUPTA, J. :- The appellant was elected a councillor of Anjar municipality in Kutch District sometime in 1972, and later. President of the municipality. On June 30, 1973 after he had been elected President, the appellant applied to the chief officer of the municipality for allotting to him a plot of land admeasuring 18 feet x 16 feet situate in the town of Anjar. In his application the appellant stated that he wanted the plot for running a flour mill temporarily until he got a suitable plot from the government. By his order dated July 5, 1973 the chief officer granted the request permitting the appellant to hold the land on payment of rent on condition, inter alia, that the land should be vacated whenever the municipality so ordered. The first respondent who is a resident of Anjar applied to the Collector of Kutch under Sec. 38 of the Gujarat Municipalities Act, 1963 (referred to as the Act hereinafter) for declaring that the appellants office has "become vacant" as he has disabled himself from continuing as a councillor by taking lease of the land from the municipality. The Collector having heard the parties held that the appellant had got the land by misusing his pos