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2002 Supreme(Guj) 717

J.M.PANCHAL, D.S.SINHA
STATE OF GUJARAT – Appellant
Versus
NIRMALABEN WAGHELA PRESIDENT – Respondent


Advocates Appeared: A.D.OZA, A.R.Thakkar, J.R.Nanavati, KAMAL TRIVEDI, P.M.THAKKAR

D. S. SINHA, J.

( 1 ) HEARD Mr. Kamal Trivedi, learned Additional Advocate General representing the State of Gujarat, Mr. J. R. Nanavati, learned counsel appearing for Smt. Nirmalaben Waghela, President, Porbandar Nagarpalika, and Mr. P. M. Thakker, learned Senior Advocate of Shri Babubhai Bokharia, Honble Minister of Irrigation, State of Gujarat, at great length and in detail.

( 2 ) THESE two Letters Patent Appeals are directed against the order and judgment dated 3rd July 2002 of a learned Single Judge, rendered in Special Civil Application No. 6091 of 2002 between Smt. Nirmalaben Waghela and State of Gujarat and another.

( 3 ) THE acts and events constituting the facts of the case, as they emerge from record, are these:exercising powers conferred upon it under Section 263 of the Gujarat Municipalities Act, 1963, hereinafter called "the Act", the State of Gujarat issued to Porbandar Municipality notice dated 6th June 2002 calling upon it to show cause within fifteen days of receipt of the notice as to why it should not be declared incapable of performing duties, and why should it not be dissolved in accordance with Section 263 (1) of the Act for the reasons and facts stated in the















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