( 1 ) IN instant reference made at the instance of the learned. single Judge, two questions arise for consideration of the Larger Bench, namely, (1) whether the words "or of any disgraceful conduct" occurring in Sec. 37 (1) of the Gujarat Municipalities Act, 1963 (the Act for short), are referable to misconduct committed by a Councillor or President or Vice-President, with the words "in the discharge of his duties", and (2) whether a Councillor, even if elected as a Member of a Committee, should be treated as a Councillor alone for the purposes of Sec. 37 of the Act as Sec. 37 of the Act does not recognise a Chairman or a Member of any committee as a separate class.

( 2 ) ). In order to answer the above-referred to issues, it would be necessary to notice the relevant facts in brief. 2. 1 In the year 1999, the petitioner was elected as a Municipal Councillor of Dabhoi Municipality, which is impleaded as respondent No. 2 in the petition. He was also appointed as a Member of Malaria Committee of the Municipality. Some complaints were received against the conduct/behaviour of the petitioner. According to the complaints, the petitioner had gone to a pumping station and