PORBANDAR MUNICIPALITY Vs. STATE OF GUJARAT
LAWS(GJH)-2012-12-178
HIGH COURT OF GUJARAT
Decided on
December 27,2012
Porbandar Municipality
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
BACHHITTAR SINGH VS. STATE OF PUNJAB [REFERRED TO]UNION OF INDIA VS. H C GOEL [REFERRED TO]
G SADANANDAN VS. STATE OF KERALA [REFERRED TO]
STATE OF UTTAR PRADESH VS. OM PRAKASH GUPTA [REFERRED TO]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [REFERRED TO]
CHAIRMAN BOARD OF MINING EXAMINATION AND CHIEF INSPECTOR OF MINES VS. RAMJEE [REFERRED TO]
MINERVA MILLS LIMITED VS. UNION OF INDIA [REFERRED TO]
S L KAPOOR VS. JAGMOHAN [REFERRED TO]
JYOTI BASU VS. DEBI GHOSAL [REFERRED TO]
UNION OF INDIA UNION OF INDIA BISWAROOP CHATTERJEE ACHINTA KUMAR BISWAS NABENDU BOSE LAXMI NARAYAN VS. TULSIRAM PATEL:SADANAND JHA:G P KOUSHAL:UNION OF INDIA:STATE OF MADHYA PRADESH [REFERRED TO]
A R ANTULAY VS. R S NAYAK [REFERRED TO]
U P JUNIOR DOCTORS ACTION COMMITTEE VS. DRB SHEETAL NANDWANI [REFERRED TO]
MOHANLAL TRIPATHI VS. DISTRICT MAGISTRATE RAI BAREILLY [REFERRED TO]
R C POUDYAL SOMNATH POUDYAL NANDU THAPA ROOP RAJ RAI VS. UNION OF INDIA [REFERRED TO]
LILY THOMAS MS ADVOCATE VS. SPEAKER LOK SABHA [REFERRED TO]
MANAGING DIRECTOR ECIL HYDERABAD VS. B KARUNAKAR [REFERRED TO]
ALI MUSTAFFA ABDUL RAHMAN MOOSA VS. STATE OF KERALA [REFERRED TO]
MOHINDER KUMAR VS. STATE PANAJI GOA [REFERRED TO]
SCHEDULED CASTES AND SCHEDULED TRIBES OFFICERS WELFARE COUNCIL VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF PUNJAB VS. G S GILL [REFERRED TO]
RAM BETI VS. DISTRICT PANCHAYAT RAJ ADHIKARI [REFERRED TO]
STATE OF PUNJAB VS. BALDEV SINGH [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
TARLOCHAN DEV SHARMA VS. STATE OF PUNJAB [REFERRED TO]
UNION OF INDIA VS. ASSOCIATION FOR DEMOCRATIC REFORMS [REFERRED TO]
INDIAN NATIONAL CONGRESS I VS. INSTITUTE OF SOCIAL WELFARE [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [REFERRED TO]
VIVEKA NAND SETHI VS. CHAIRMAN J and K BANK LTD [REFERRED TO]
KULDIP NAYAR VS. UNION OF INDIA [REFERRED TO]
ASHOK KUMAR SONKAR VS. UNION OF INDIA [REFERRED TO]
MUNICIPAL COMMITTEE HOSHIARPUR VS. PUNJAB STATE ELECTRICITY BOARD [REFERRED TO]
RAVI YASHWANT BHOIR VS. DISTRICT COLLECTOR, RAIGAD [REFERRED TO]
MOHANLAL NATHUBHAI VS. R M DESAI DEVELOPMENT COMMISSIONER GUJARAT [REFERRED TO]
ANJAR MUNICIPALITY VS. J M VYAS OR HIS SUCCESSOR IN OFFICE DEPUTY SECRETARY URBAN DEVELOPMENT AND URBAN HOUSING DEVELOPMENT DEPTT [REFERRED TO]
JYOTIBEN R PATHAK VS. RAFIGSA CHAMMANSA FAKIR [REFERRED TO]
MANISHBHAI VINODBHAI PATEL VS. STATE OF GUJARAT [REFERRED TO]
PARIYA GRAM PANCHAYAT VS. DEVELOPMENT COMMISSIONER [REFERRED TO]
JUDGEMENT
R.M.CHHAYA -
(1.)HEARD Mr.N.D.Nanavaty, learned Senior Counsel, with Mr.B.M.Mangukiya, learned advocate for the
petitioners, Mr.Prakash Jani, learned Government
Pleader, with Ms.Asmita Patel, learned Assistant
Government Pleader for respondent Nos.1 to 3,
and Mr.C.B.Upadhyaya, learned advocate appearing
for private respondent Nos.4 to 7.
(2.)BY way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:
"a. Be pleased to admit this petition, b. Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to quash and set aside decision of the respondent No.2 dated July 27, 2012 dissolving Porbandar Municipality, and the consequential order directing respondent No.3 to take over the charge of petitioner No.1 Municipality; c. Pending admission and final disposal of the present petition, be pleased to stay implementation, execution and operation of the impugned order dated July 27, 2012 dissolving Porbandar Municipality and the consequential order directing respondent No.3 to take over the charge of petitioner No.1 Municipality and restrain the respondents, their agents or servants from restraining the petitioners from performing their duties as Councilors and elected office bearers of the Municipality as if no order has been passed; d. Be pleased to pass such other and further orders as may be deemed fit and proper."
The facts which can be culled out from the record of the petition are as under:
(3.)THE petitioners, being the elected members of Porbandar Municipality for short 'the Municipality' , were served with show cause notice dated 21.07.2012 as provided under Section 263 1 of the Gujarat Municipalities Act, 1963 the Act on 22/23.07.2012 as under the provisions of Section 76 of the Act the Municipality was supposed to sanction its budget before 31st March of every year, however, the Municipality could not do so, in spite attempts were made on 12.03.2012, 26.04.2012 and
(2.)BY way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:
"a. Be pleased to admit this petition, b. Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to quash and set aside decision of the respondent No.2 dated July 27, 2012 dissolving Porbandar Municipality, and the consequential order directing respondent No.3 to take over the charge of petitioner No.1 Municipality; c. Pending admission and final disposal of the present petition, be pleased to stay implementation, execution and operation of the impugned order dated July 27, 2012 dissolving Porbandar Municipality and the consequential order directing respondent No.3 to take over the charge of petitioner No.1 Municipality and restrain the respondents, their agents or servants from restraining the petitioners from performing their duties as Councilors and elected office bearers of the Municipality as if no order has been passed; d. Be pleased to pass such other and further orders as may be deemed fit and proper."
The facts which can be culled out from the record of the petition are as under:
(3.)THE petitioners, being the elected members of Porbandar Municipality for short 'the Municipality' , were served with show cause notice dated 21.07.2012 as provided under Section 263 1 of the Gujarat Municipalities Act, 1963 the Act on 22/23.07.2012 as under the provisions of Section 76 of the Act the Municipality was supposed to sanction its budget before 31st March of every year, however, the Municipality could not do so, in spite attempts were made on 12.03.2012, 26.04.2012 and
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