A. M. AHMADI, R. J. SHAH, J.

( 1 ) THE question which arises for determination in these two petitions is whether the State Government can in exercise of power conferred upon it by sub-section (1) of sec. 37 of the Gujarat Municipalities Act 1963 (hereinafter called the Act) remove a Councillor of a Municipality from office for misconduct or disgraceful conduct committed in the discharge of his duties as the President of the Municipality or Chairman of a Committee constituted under sec. 55 of the Act. The brief facts which may be stated for the disposal of these two petitions are as under.

( 2 ) RE: Special Civil Application No. 2169 of 1981 : The petitioner of this petition was elected President of the Municipality under sec. 31 of the Act sometime in 1971. The meeting of the General Board of the Municipality was called on 18/02/1980 for sanctioning the annual budget for the year 1980-81. The budget was not sanctioned by the general Board at the said meeting. On 3/03/1980 a Resolution of No Confidence was passed against the petitioner President. Thereupon the Chief Officer of the Municipality wrote a letter dated 5/03/1980 to the Collector of the District to exercise the extraordina

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