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1997 Supreme(Guj) 354

R.K.ABICHANDANI
SAVITABEN MADHUKAR MAKIWANA – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL, B.R.KYADA, M.B.KYADA, N.C.NAYAK, NANAVATI AND NANAVATI, PRASHANT DESAI

R. K. ABICHANDANI, J.

( 1 ) ). The petitioners who are the elected Councillors of the respondent No. 3-Municipality have challenged the order dated 12th February, 1997 - Annexure "h" to the petition, passed by the State Government under the provisions of S. 263 (1) of the Gujarat Municipalities Act, 1963, dissolving the respondent No. 3-Kalol Municipality and appointing the Deputy Collector of mehsana to be the Administrator.

( 2 ) ). In the election of the Municipality which was held in 1994, the petitioners who are 23 Councillors and other Councillors were declared elected. In January, 1995, President, Vice-President and Chairman of the Standing Committee of the municipality were also elected. There were in all 36 Municipal Councillors in the respondent-Municipality, of whom one passed away. According to the petitioners, six defaulting Councillors had passed certain resolutions behind their back, which were not acceptable to the petitioners.

( 3 ) ). The acts of mismanagement had attracted the attention of the concerned authorities and a show-cause notice dated 7th January, 1997 was issued to the municipality by the Government under S. 263 (1) of the Act. The Municipality was call


















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