DALWADI SHAILESHBHAI RATILAL Vs. COMMISSIONER MUNICIPALITY

JUDGEMENT

(1.) This Appeal under Clause 15 of the Letters Patent is at the instance of the original respondent No. 4 (one of the members of the Dakor Municipality) and is directed against an interim order passed by a learned Single Judge dtd. 15/12/2021 in the Civil Application No. 3 of 2021 filed in the Special Civil Application No. 18544 of 2021, whereby the learned Single Judge has directed that during the pendency of the main matter i.e. Special Civil Application No. 18544 of 2021, the Collector, Kheda in his capacity as the District Municipal Election Officer, shall not proceed to hold the election to the post of the President of the Dakor Municipality.

(2.) The facts, in brief, giving rise to the present Appeal are as under:

(3.) Mr. Desai, learned advocate, would draw the attention of the Court to the show cause notice (page 132) dtd. 25/1/2021. Reading the show cause notice, Mr. Desai, learned advocate, would submit that the notice was issued to, in all, nine councillors who were part of the Executive Committee of the General Body of 28 (8 of which were disqualified). Further, by the impugned order, only four of the councillors, the present petitioners, have suffered the order of removal. Five others listed in the show cause notice have been exonerated.