DALWADI SHAILESHBHAI RATILAL Vs. COMMISSIONER MUNICIPALITY

JUDGEMENT

(1.) Admit. With the consent of learned advocates appearing for the parties, the appeal is taken up for final hearing.

(2.) By way of present Letters Patent Appeal under Clause 15 of the Letters Patent, the appellant - original respondent No.4 has challenged an order dtd. 15/12/2021 passed by the learned Single Judge in Civil Application (For Orders) No. 3 of 2021 filed in the captioned writ petition by which the learned Single Judge, after hearing the learned advocates for the respective parties, accepted the application and granted the relief as prayed for in the Civil Application, which reads as under:-

(3.) Learned senior counsel Mr. Percy Kavina has raised an issue with regard to the hearing of the application by which the original petitioners sought the stay against the election of Dakor Nagarpalika for which the programme was issued by order dtd. 8/12/2021 and the election was to be held on 16/12/2021. It was submitted that the petitioners, at the time of filing a writ petition, had challenged order dtd. 30/11/2021 passed by Commissioner, Municipalities Administration by which the petitioners were removed as members of Dakor Nagarpalika, exercising powers under Sec. 37 of the Gujarat Municipalities Act, 1963.