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2002 Supreme(Guj) 810

P.B.MAJMUDAR
HIRALAL G. SIYAL – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.R.Thakkar, J.R.Nanavati, M.K.DAGLI, S.N.SHELAT, Thakkar Associates

P. B. MAJMUDAR, J.

( 1 ) THE petitioners herein are the Ex-Councillors of Porbandar Nagarpalika. By filing this petition, they are challenging the order dated 3. 9. 2002, passed by the State Government, by which the Porbandar Municipality is ordered to be dissolved under the provisions of Section 263 (1) of the Gujarat Municipalities Act and an Administrator is appointed to look after the affairs of the said Municipality. The aforesaid order of dissolving the said Municipality is passed on the ground that the Municipality has failed to discharge its duty. The proceedings were initiated by way of show cause notice dated 6th June, 2002. The said show cause notice was issued to the President of the Nagarpalika for the purpose of showing cause as to why proceedings under Section 263 (1) of the Act should not be initiated against the Nagarpalika. In the said show cause notice, eight grounds are mentioned for the purpose of initiating the proceedings under the said proviso. The grounds mentioned in the show cause notice are at page 61. Ground No. 1 relates to non-removing of the garbage and dirt from one Memanwada area. It is mentioned in the said ground that for failure in performing the






















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