ARUN SUBODHBHAI MEHTA Vs. BHAVNAGAR MUNICIPAL CORPORATION
LAWS(GJH)-1988-6-5
HIGH COURT OF GUJARAT
Decided on June 09,1988

ARUN SUBODHBHAI MEHTA Appellant
VERSUS
BHAVNAGAR MUNICIPAL CORPORATION Respondents





Cited Judgements :-

BICHCHHUBHAI BHABHLUBHAI KHUMAN & 3 VS. STATE OF GUJARAT & 3 [LAWS(GJH)-2015-7-237] [REFERRED]


JUDGEMENT

P.M.CHAUHAN - (1.)Mr. K. G. Vakharia for respondents Nos. 1 to 4 and Shri Jayant Patel for respondents Nos. 5 and 6 waive service of rule. By the request of the learned Advocates for the parties rule heard.
(2.)The petitioners claiming to have been elected President and Vice-President respectively of the Bhavnagar Municipal Corporation by this petition pray for the writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction quashing and setting aside the action of the respondent-authorities adjourning the meeting scheduled to be held on 1/06/1988 by circular being illegal and contrary to the provisions of law and for the direction to the respondents to permit the petitioners to hold the office of Mayor and Deputy Mayor respectivevely of the Bhavnagar Municipal Corporation and further direction to the respondents Nos. 1 and 2 not to restrain the petitioners to hold the office of the Mayor and Deputy Mayor respectivevely and perform the duties and direction to respondents Nos. 3 and 4 to vacate the office of Mayor and Deputy Mayor respectivevely of the said Corporation and hand-over the charge of the office immediately.
(3.)The dispute between the parties for the claim of the office of the Mayor and Deputy Mayor of Bhavnagagar Municipal Corporation has arisen in peculiar circumstances. Respondent No. 3-Shri Jayantbhai Nanubhai Patel is the Mayor and respondent No. 4-Shri Ishwarbhai Makwana is the Deputy Mayor of the Corporation. The Mayor and Deputy Mayor of the Cororporation can hold the office till the New Mayor and Deputy Mayor respectivevely are elected. As provided in Sec. 19 Bombay Provincial Municipal Corporations Act 1949 (B.P.M C. Act) the Mayor and Deputy Mayor are requirired to be elected at the first meeting after the general election and at the first meeting of the Corporation in the same month in each successive year from among the Councillors. The Mayor and Deputy Mayor therefore e can hold the office for a period of one year and until the election of the office of the Mayor and Deputy Mayor respectivevely is held. The term of the office of the Mayor-the respondent No. 3 and of Deputy Mayor-the respondent No. 4 were to expire and therefore the respondent No. 3 in exercise of the powers vested in him under sub-clause (c) of Clause (1) Chapter II of the Schedule (A) of B.P.M.C. Act convened a meeting of the Corporation to be held at 5-00 p. m. on 1/06/1988 It transpires that the respondent No. 3 was required to go to Gandhinagar and Ahmedabad for purposes of securing loan and discussion about the water shortage and for consulting the Advocates as some litigation was filed in the High Court he by letter dated 31/05/1988 informed the Deputy Secretary to instruct the Secretary Shri Acharya to postpone the meeting. Accordingly the Secretary of the Corporation Shri D. B. Acharya issued circular informing the postponement of the meeting scheduled to be held on 1/06/1988 and the members were served either by personal delivery or by delivery at their residence and their signatures were secured. Accordingly out of 51 Cooperators 32 Cooperators did not remain present and the Secretary and the Officers of the Corporation also did not remain present but 19 Cooperators of the opposition party remained present and held the election of the Mayor and Deputy Mayor in which t the petitioners were elected as the Mayor and Deputy Mayor respectivevely. They then asserted their right to hold the office as the Mayor and Deputy Mayor respectivevely but were not allowed to function as such by the respondents Nos. 1 and 2 and the respondents Nos. 3 and 4 also did not hand-over the charge. Meanwhile the respondents Nos. 3 & 4 filed Regular Civil Suit No. 409 of 1988 in the Court of Civil Judge (S.D.) Bhavnagar at and the Court restrained the petitioners from functioning as the Mayor and Deputy Mayor respectivevely. Petitioners have therefore moved this Court for the above referred reliefs.
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