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2018 Supreme(Guj) 926

SONIA GOKANI
Yashinbhai Ismailbhai Mandli – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
Ajaysingh Thakur, Adv., H.S. Soni, Adv., Harshesh R Kakkad, Adv., R.C. Kakkad, Adv.

JUDGMENT

Sonia Gokani, J.

By way of this petition, the challenge is made to the legality and validity of the order dated 06.06.2018 passed by Respondent No.2-Commissioner of Municipality, disqualifying the petitioner on the ground of his alleged transfer of Municipality land and for his alleged threat to the Chief Officer as the Municipal Commissioner.

2. The facts, which have led to the filing of this petition, are stated herein after:

2.1 The petitioner, for the first time, came to be elected as the Member of the Viramgam Municipality in the year 2005 and since then, he has continued to be an elected member in the very Municipality and acted as municipal councilor.

2.2 It is averred by the petitioner that by way of a resolution being Resolution No.15, Dated 19.07.1988, a parcel of the land bearing Survey No. 3205 came to be allotted to the petitioner by way of a lease deed. The petitioner transferred the aforesaid land to one Shri Usmangani Mandali and the transfer fees also has been received by the Municipality. Moreover, an order also came to be passed by the office of the Municipality accepting the transfer fees and also a receipt to that effect came to be issued in the name of sai



















































































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