Wednesday, Dec 07, 2022

Gujarat HC raps director of municipalities for ‘illegal’ order

The Gujarat High Court on Wednesday criticised an order passed by the Director of Municipalities — Sonal Mishra — and observed that prima facie it appeared that the order was passed with extraneous considerations.

The Gujarat High Court on Wednesday criticised an order passed by the Director of Municipalities — Sonal Mishra — and observed that prima facie it appeared that the order was passed with extraneous considerations. The court ordered the Director to personally appear before it on April 6.

The issue relates to Palanpur Nagarpalika in Banaskantha district where an elected member of the municipality was allegedly found encroaching upon government land and running an educational trust there. A complaint came to be lodged with the Director of Municipalities against him under the provisions of the Municipality Act with a prayer to revoke his primary membership in the municipality.

Following the complaint,the Director of Municipalities issued the member in question a show-cause notice. But nothing happened on this. Subsequently,the member’s term ended and he even got re-elected as the member of the municipality. Later,the original complainant moved a petition in the HC for a direction to the authorities to disqualify the member,after which Mishra passed an order withdrawing the show-cause notice issued to the councillor on the ground that his term had already ended.

Unhappy with the order,a Division Bench consisting of Chief Justice S J Mukhopadhaya and Justice J B Pardiwala observed that the order was prima facie illegal. “It is a perverse and illegal order and it seems that it was passed with extraneous considerations,” Chief Justice Mukhopadhaya observed.

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First published on: 10-03-2011 at 04:08:25 am
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