VASANTIBEN VASHRAMBHAI GALCHAR Vs. COMMISSIONER, MUNICIPALITIES ADMINISTRATION GUJARAT

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.

(2.) Rule. Mr. Bharat Vyas, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent nos.1 and 3, Mr. Anand V. Thakkar, learned advocate waives service of notice of rule on behalf of the respondent nos.5, 6, 7, 9, 11 and 14, Mr. D.V. Kansara, learned advocate waives service of notice of rule on behalf of the respondent nos.4, 8, 10, 12 and 13 and Mr. Vijay H. Nangesh, learned advocate waives service of notice of rule on behalf of the respondent no.2.

(3.) The petitioners are aggrieved by the order dtd. 18/6/2021 passed by the respondent no.1 - Commissioner, Municipalities Administration (hereinafter referred to as "the Commissioner") in exercise of the powers conferred under Sec. 37 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as 'the Act of 1963') whereby, the petitioners are removed as Councillors of the respondent no.2-Dhanera Municipality (hereinafter referred to as 'the Municipality'). It is alleged that the order is passed with mala fide intention because the petitioners belong to the Indian National Congress (hereinafter referred to as 'INC') and are in majority in the Municipality.