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2002 Supreme(Guj) 438

J.N.PATEL
PATEL KANTILAL MULJIDAS – Appellant
Versus
STATE – Respondent


Advocates Appeared: AMAR D.MITHANI, D.PANDEY, HARIN P.RAVAL, P.K.JANIKIRAN, Y.V.SHAH

JAYANT PATEL, J.

( 1 ) THE present petition is preferred by the petitioner against the order dated 22. 3. 2002 passed by the Director of Municipalities, Gujarat State, Gandhinagar in purported exercise of powers under section 37 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act") whereby the petitioner No. 1 is removed as the Chairman of the Planning Committee and the petitioner Nos 2 to 5 are removed as the members of the Planning Committee and are also removed as the members/councillors of Unjha Municipality.

( 2 ) THE short facts of the case are that the petitioners came to be elected as Councillors of Unjha Municipality at the General election of Unjha Municipality (hereinafter referred to as "the Municipality" ). It is the case of the petitioners that there are in all 36 councillors elected at the said election which took place in December, 1999 result of which was declared on 4. 1. 2000. The case of the petitioners is that out of 36 councillors who came to be elected, 18 were belonging to Cong. I, 10 were belonging to BJP and 8 were Independent. The case of the petitioners is that the first meeting of the Municipality came to be held on 21. 1. 2000 a























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