RUSTAMJI NASARVANJI DANGER versus JORAM KUNVERJI GANATRA AND ORS.

RUSTAMJI NASARVANJI DANGER versus JORAM KUNVERJI GANATRA AND ORS.

Section 38(1)(b)(i) of the Gujarat Municipalities Act does not bar a councillor, including the President, from taking a lease of municipal land unless it is shown that he acted as a councillor in the matter of acquiring the lease. In the absence of evidence that the appellant acted as a councillor in securing the lease, the disqualification does not apply.

Parties
Appellant: Rustamji Nasarvanji Danger; Respondent: Joram Kunverji Ganatra; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
20 October 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment Dated 25 6 1975 in Special Civil Application No. 1223/74
Outcome
Appeal allowed
Legal Topics
Disqualification of Councillor, Interpretation of 'acts as a Councillor' Under Gujarat Municipalities Act, Leases by Municipality to Office Bearers
Municipal Law Disqualification of Councillor Interpretation of 'acts as a Councillor' Under Gujarat Municipalities Act Leases by Municipality to Office Bearers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rustamji Nasarvanji Danger

Appellant

Joram Kunverji Ganatra

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment Dated 25 6 1975 in Special Civil Application No. 1223/74

Legal Issues

  1. 1 Whether the President of a municipality is disqualified from continuing as councillor by taking lease of land from the municipality under s. 38(1)(b)(i) of the Gujarat Municipalities Act, 1963, if the permission is granted by the Chief Officer and not by himself.

Ratio Decidendi

Section 38(1)(b)(i) of the Gujarat Municipalities Act does not bar a councillor, including the President, from taking a lease of municipal land unless it is shown that he acted as a councillor in the matter of acquiring the lease. In the absence of evidence that the appellant acted as a councillor in securing the lease, the disqualification does not apply.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court reversing the State Government's decision is set aside.
  • No order as to costs.