UJESHBHAI ISHWARBHAI PATEL Vs. RAJKUMAR BENIWAL

JUDGEMENT

(1.) The complainant has sought for the following relief:

(2.) A perusal of the above prayer would indicate that petitioners have sought for a direction to the respondents to permit the petitioners to discharge their duties as Councillors of Valsad Nagarpalika pursuant to the order passed in Special Civil Application No.6793 of 2021 dated 3 12.2021. The said order has been produced along with the present proceedings. Perusal of the said order would indicate that complainants had sought for quashing and to set aside the order dtd. 25/3/2021 removing the petitioners from the post of Councillors of Valsad Nagarpalika. Accepting the plea of petitioners, said order came to be set aside on 3/12/2021 by issuing following directions:

(3.) On account of the respondents having proceeded to hold elections to the Valsad Nagarpalika under Sec. 41(1) of the Gujarat Municipalities Act, 1963, petitioners approached this Court in Special Civil Application No.14651 of 2021 challenging the said action. This Court dismissed and disposed of the said petition with a direction that the fresh election of coucillors being held on 3/10/2021 by virtue of the notification dtd. 6/9/2021 would be subject to the final outcome of Special Civil Application No.6793 of 2021 referred to herein supra which undisputedly was allowed and the impugned order dtd. 25/3/2021 referred to supra came to be passed by the Commissioner of Valsad Municipality came to be set aside. However, no further writs came to be issued, except directing that respondent No.1 should reconsider the grievance of the petitioners and take a fresh decision after extending appropriate opportunity to the concerned petitioners and to undertake such an exercise time-frame of 4 weeks was fixed from the date of receipt of the copy of the order.