GUJARAT HIGH COURT
A P Ravani, J
Shri Ravjibhai Kalidas Patel – Appellant
Versus
State Government of Gujarat – Respondent
1. This petition questions the legality of the action taken by the State Government under S.23(7) of the Bombay District Municipal Act, 1901 , removing the petitioner from the office of the president of the Anand Municipality.
2. The question has arisen under the following circumstances :
3. The petitioner was elected as the president of the Anand Municipality on 22nd March 1961, the term of office being for four years. The petitioner assumed office and worked as the president of the Municipality till 9th January 1963 when he received a show cause notice from the Deputy Secretary to the Government calling upon him to show cause why he should not be removed from the office of the president.
4. The petitioner thereupon filed a written reply dated 14th January 1963 whereby he denied ail the charges levelled against him in the show cause notice. The petitioner was thereafter served with an order dated 14th March 1963 removing him from the office of the president for misconduct and neglect of duties. It is this order which has been challenged by the petitioner.
5. The main grounds on which the order is sought to be quashed are :
(1) the petitioner has not been given a proper opportunity of
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