Sonia Gokani, J.

By way of this petition, the challenge is made to the legality and validity of the order dated 06.06.2018 passed by Respondent No.2-Commissioner of Municipality, disqualifying the petitioner on the ground of his alleged transfer of Municipality land and for his alleged threat to the Chief Officer as the Municipal Commissioner.

2. The facts, which have led to the filing of this petition, are stated herein after:

2.1 The petitioner, for the first time, came to be elected as the Member of the Viramgam Municipality in the year 2005 and since then, he has continued to be an elected member in the very Municipality and acted as municipal councilor.

2.2 It is averred by the petitioner that by way of a resolution being Resolution No.15, Dated 19.07.1988, a parcel of the land bearing Survey No. 3205 came to be allotted to the petitioner by way of a lease deed. The petitioner transferred the aforesaid land to one Shri Usmangani Mandali and the transfer fees also has been received by the Municipality. Moreover, an order also came to be passed by the office of the Municipality accepting the transfer fees and also a receipt to that effect came to be issued in the name of said Shri Usmangani Mandali on 29.12.1999.

2.3 A show-cause notice came to be issued under Section 37 of the Gujarat Municipalities Act, 1963 (herein after, 'the Municipalities Act') on 07.03.2018, as to why the petitioner be not disqualified as a Municipal Councilor on the ground that he has sold the land of the Municipality to a third party, namely Shri Usmangani Mandali, without any right of ownership or possession. It is averred by the petitioner that after a lapse of about 20 years, the notice has been issued.

2.4 It is, further, his grievance that no hearing has been given to him and the one given on 05.06.2018 is merely an eye-wash, as the order came to be passed on 06.06.2018, which was served on him on 07.06.2018.

2.5 It is urged by the petitioner that the Municipality has two strong factions within it, where, one faction consists of 18 members, whereas, the other faction consists of 17 members and as the election of the President is due, the petitioner has been targeted under a political vendetta. He, further, has urged that for financial mis-application by the ruling party, he made an application on 01.01.2017 and since, no action had been taken by the Collector (Ahmedabad Rural), the petitioner was compelled to move this Court by way of filing Special Civil Application No. 5163 of 2017, where, this Court has given directions to the Collector to decide the issue within six weeks. Pursuant thereto, the Collector passed an order and the Chief Officer as well as the Office bearers were held responsible for an amount of Rs. 63,99,413/-. This, according to the petitioner, is the reason for the present Chief Officer, who has replaced the earlier Chief Officer, to initiate action against the present petitioner and such action is completely illegal and has been taken under the political pressure. It is, further, his say that there are two grounds on which the actions are initiated under Section 37 of the Municipalities Act, viz. (1) his having transferred the land of the Municipality after about 20 years and (2) his having threatened the then Chief Officer for which there is absolutely no evidence and it a totally got up story, as no criminal complaint, till date, has been lodged.

3. Hence, the present petition with the following prayers:

"7. ...

A. That to issue the writ of mandamus or any appropriate writ in the nature of mandamus or any appropriate writ or order by way of quashing and setting aside the order dated 06/06/2018 passed by the commissioner-respondent no.2 in the interest of justice.

B. Pending admission and final hearing of this petition to stay the order dated 06/06/2018 passed by the commissioner-respondent no.2 in the interest of justice.

D. ... "

4. Affidavit-In-Reply for and on behalf of Respondent No.2-Mamlatdar from the Office of Commis