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1988 Supreme(Guj) 80

P.M.CHAUHAN
GORDHANBHAI KANJIBHAI – Appellant
Versus
UPLETA MUNICIPALITY – Respondent


Advocates Appeared: C.K.THAKKER, J.R.NANAVATI

P. M. CHAUHAN, J.

( 1 ) RULE. Mr. J. R. Nanavaty learned Advocate for respondents waives service of rule. The no confidence motion is passed by 24 councillors of Upleta Municipality in a meeting on 27/05/1988 and that is being challenged by the petitioner the President of Upleta Municipality on the grounds: viz. (i) the reasons were not stated in the notice of no confidence motion and that notice was not as per the prescribed form (ii) the meeting was called on 17/05/1988 but was adjourned and subsequently in the adjourned meeting no confidence motion was passed but the meeting could not have been legally adjourned on 17/05/1988 (iii) all the members were not informed Or the adjourned meeting (iv) the resolution is passed mala fide as the petitioner - President - did not accede to certain demands of the members.

( 2 ) SHRI C. K. Thakker Advocate for petitioner submits that as provided under sub-sec. (1) of Sec. 36 the Gujarat Municipalities Act the notice of no confidence motion should be in such a form as may be prescribed by the State Government and the State Government has prescribed the form in which it is stated that the grounds of notice for no confidence motion should be ment









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