1. By way of this petition, the Chairman of the Municipal School Board of Jetpur-Navagadh has challenged the resolution No.32 dated 12.6.2012 passed by the Special General Meeting of Jetpur-Navagadh Municipality.
2. As provided under Section 258 of the Gujarat Municipality Act, 1963 (hereinafter referred to as "the Act" for the sake of brevity), any aggrieved person can approach the District Collector challenging the resolution passed by the Municipality. No exception can be made for the present petitioner only because it is one of the limb of the very Municipality.
3. In view of the aforesaid, as the petitioner has an alternative efficacious remedy by way of filing the proceedings as contemplated under Section 258 of the Act, the present petition is not entertained only on that ground.
4. However, while dismissing this petition, it is observed that this Court has not examined the matter on merits and if any proceedings are initiated before the District Collector under Section 258 of the Act, the District Collector shall examine the same on its own merits without being influenced by this order.
5. Mr.
Deepak M. Thakkar, learned advocate for the petitioner states that the petitioner may also be permitted to approach the State Government to redress the grievance as aforesaid.
6. In view of the above, this petition is not entertained only on the ground of availability of an alternative efficacious remedy and it would also be open for the petitioner to take recourse to the suggestion made by the learned advocate for the petitioner.
7. With these observations, the petition is dismissed.
[R.M.CHHAYA, J.] mrpandya Top