1 to 15. ORDER :- xx xx.

16. In the instant case, two questions are involved :

(1) Disposal of public property by the "State" or "other authorities" as defined under Art.12 of the Constitution.

(2) Disposal of the property by an authority which is required to hold the property as trustee as per the provisions of the Act by which the authority is constituted and which is supposed to run its affair in accordance with the provisions of the Act.

17. It is an undisputed position that the petitioner is an elected councillor of the Municipality. He represents a section of the people who have reposed confidence in him believing that he will safeguard their interests as far as the affairs of the Municipality is concerned. It is his duty to see that the Municipality acts in the best interest of the people. It is also his duty to see that the Municipality acts in accordance with law. Apart from the fact that whether he has been actuated by the high motives of public interest litigation or not, the fact remains that by virtue of his office as Councillor, he is required to perform his duties as stated above. He will be answerable to the people if he fails in the discharge of his duties.