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1995 Supreme(Guj) 335

A.N.DIVECHA
MANJULABEN RAMESHCHANDRA BAROT – Appellant
Versus
COLLECTOR OF MEHSANA – Respondent


Advocates Appeared: M.I.PATEL, R.N.SHAH, V.B.GHARANIYA

A. N. DIVECHA, J.

( 1 ) SHOCKING state of affairs of the Municipality of Kalol (the Municipality for convenience) represented by respondent No. 3 herein has emerged from the record of this petition. A question that is posed before this Court in the context is whether or not what was done by the then Administrator of the municipality on the day he was to relinquish the charge of his office could be annulled by the Collector of Mehsana (respondent No. 1 herein) in exercise of his powers under Sec. 258 of the Gujarat Municipalities Act, 1964 (the Act for brief ). A further question has also been posed whether or not this Court can take any action against the said Administrator if his actions are tainted with illegatity and invalidity on the face of it.

( 2 ) THE factual backdrop behind this petition may be examined at this stage. It appears that Municipal affairs of the Municipality were in charge of the administrator appointed by and on behalf of the State Government at the relevant time. A new Administrator was appointed and, as transpiring from the reply-affidavit filed by him in this case, he took charge around 5-30 p. m. on 24th October 1994. As luck would have it, on that very da



















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