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1995 Supreme(Guj) 287

A.N.DIVECHA
PUSHPENDRA C. SHARMA – Appellant
Versus
NAGSHI MALSHI MATANG – Respondent


Advocates Appeared: C.H.Vora, K.C.SHAH, K.G.VAKHARIA, V.P.Shah

A. N. DIVECHA, J.

( 1 ) ). Can the President of a municipality invested with powers to call a special general meeting on requisition for consideration of a no-confidence motion against him call a meeting after a considerable lapse of time ? Can be term "to call" a meeting be equated with the term "to hold" a meeting for the purpose of consideration of the no- confidence motion more particularly against the President of a municipality ? These are the basic questions arising in this petition under Art. 226 of the Constitution of India.

( 2 ) ). The factual backdrop giving rise to this petition may be examined. The municipality involved in this case is the one at Gandhidham. The petitioner was elected as its President with effect from 13/01/1995. Our country has adopted the democratic set-up even for governance of local affairs. The affairs of a municipality constituted under the Gujarat Municipalities Act, 1963 ("the municipalities Act" for brief) are also managed by an elected body. The President and the Vice-President thereof are elected at the first meeting to be held after elections of municipal councillors as provided in Sec. 32 thereof. The term of office of such elected Preside

















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