( 1 ) THE petitioner, an elected President of Modasa Nagar palika, Modasa, Dist Sabarkantha, by this Special Civil Application under Art. 226 of the Constitution challenges the notice issued by the respondent No. 2 bearing No. 673/a/99 dated 26th March, 1999, Annexure "a" to this petition, under which the petitioner was called upon to show cause as to why he should not be declared disqualified under the provisions of Secs. 11 and 38 of the gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act, 1963") (1) 4 to hold the office of the Councillor of the Municipality. Prayer is made for quashing and setting aside of this notice.

( 2 ) THE facts of the case, in brief, are that the petitioner was convicted for the offence punishable under the Prevention of Food Adulteration Act, 1955 by the J. M. F. C. , Modasa in Criminal Case No. 2632 of 1988 decided on 28th january, 1999. He was sentenced to two years rigorous imprisonment and a fine of Rs. 5,000/ -. In case of default in payment of fine, he has ordered to undergo imprisonment of one month. Against this judgment of J. M. F. C. , modasa, the petitioner preferred Criminal Appeal No. 8 of 1997 in the Court