Decided on December 19,1973



S.H.SHETH - (1.)Petitioner No. 1 was the president of Mandvi Municipality and petitioner No. 2 was the vice-president thereof. They were elected to their respective offices for the term expiring on 30th June 1974. On 18 June 1973 they tendered resignations of their respective offices wherein they stated that they would be effective from 1st July 1973. On 26th June 1973 resignation of petitioner No. 1 as the president of the municipality was accepted by the Collector under sub-sec. (1) of sec. 35 of the Gujarat Municipalities Act 1963 The resignation of petitioner No. 2 as the Vice-president of the municipality was accepted by the Municipality on 30th June 1973 under sub-sec. (2) of sec. 35. Acceptance of resignation of petitioner No. 1 was not notified in the official gazette as required by sub- sec. (4) of sec. 35.
(2.)On 25th July 1973 the two petitioners raised a dispute by separate applications which they made to the Collector of Kutch in which they stated that their resignations were not valid because they were obtained from them under threat of taking disciplinary action by the political party to which they belong. The Collector-respondent No. 1 forwarded the application of petitioner No. 1 to the Director of Municipalities for inquiry because the latter is the officer appointed for that purpose under sub-sec. (5) of sec. 35. I am told that the application made by the petitioner No. 1 is still pending before the Director of Municipalities and has not yet been finally decided. The Collector who is the officer appointed under sub-sec. (5) of sec. 35 so far as the resignation of the vice-president is concerned retained it for inquiry by him. However on 7th August 1973 he rejected the application made to him for staying the fresh election which was to be held to the post of the vice-president. It appears that that application has yet not been finally decided. Pending the final decision in those two applications the petitioners have filed this petition for a declaration that no vacancy in the office of the president or the vice-president of the municipality has arisen and for other appropriate reliefs.
(3.)Mr. Shah who appears for the petitioners has raised before me only one contention in the following terms :
(1) In view of the language of the second proviso to sub-sec. (5) of sec. 35 resignation of a president or a vice president does not take any effect whatsoever until the dispute is decided.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.