By way of this petition under Art. 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the impugned order dated 13-8-2010 passed by respondent No.2-Collector, Surendranagar in Municipal Case No. 2 of 2010 (Annexure-A) and further to declare that respondent No.5 has ceased to be the Councillor of respondent No.4-Municipality and the said office stands vacant.

2. That the petitioner and respondent No. 5 herein were elected as Councillors of the Thangadh Municipality in the election which was held on February, 2008. It is the case on behalf of the petitioner that respondent No. 5 has always been irregular in remaining present as Councillor and that she has remained absent even during the General Body Meeting of the Councillors. That as respondent No.5 consistently remained absent during the General Body Meeting held on 3-11-2008, 4-3-2009, 19-6-2009, 14-102009 and 13-11-2009 without applying for leave, according to the petitioner, respondent No.5 ceased to be the Councillor and her office had fallen vacant, and therefore, the petitioner submitted an application before the Collector to pass an orde