( 1 ) RULE. Ms. Mini M. Nair, learned assistant Government Pleader, waives service of notice of rule for the respondents nos. 1 and 2 and Mr. H. M. Parikh, learned counsel, waives service of notice of rule for the respondent No. 4. Smt. Minakshiben g. Bhavsar, Chief Officer of Kathlal municipality is present in person before the court and states that the Kathlal municipality (respondent No. 3) does not want to contest the petition, therefore, there is no necessity of issuing notice of rule to the respondent No. 3. In the facts and circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is taken up for final disposal.

( 2 ) BY way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10-3-2008 whereby, the appeal filed by him under the provisions of Section 38 (4) of the gujarat Municipalities Act, 1963 has been rejected, by the respondent No. 1.

( 3 ) THE brief facts, as emerging from a perusal of the averments made in the petition are that, the petitioner is a councillor of Kathlal Municipality, having been elected as such, and took charge on 3-4-200