Point of Law : It is no doubt true that if there was any provision to be found in impugned Act which prevented the Wage Board from giving reasons for its decision, it might be construed to mean that order which was thus made by the wage board could not be a speaking order and no writ of certiorari could ever be available to the petitioners in that behalf. It is also true that in that event this Court would be powerless to redress the grievances of the petitioners by issuing a writ in the nature of certiorari and the fundamental right which a citizen has of approaching this Court under Art. 32 of the Constitution would be rendered nugatory

JUDGMENT :

1. Heard learned Senior Advocate Mr. R.S. Sanjanwala with learned advocate Mr. Dipen Desai for the petitioners, learned advocate Mr. Chitrajeet Upadhyay with learned advocate Mr. Anand V. Thakkar for respondents no. 4 to 14 and learned Assistant Government Pleader Mr. K.M.Antani for the respondentState through video conference.

2. Rule returnable forthwith. Learned advocate Mr. Anand Thakkar waives service of notice of rule on behalf of respondent nos. 4 to 14 and learned Assistant Government Pleader Mr. K.M. Antani waives service of notice of rule on behalf of respondent State.

3. Having regard to the controversy involved in the petition, which is in a very narrow compass, with the consent of the learned advocates for the respective parties, the matter has been taken up for final hearing.

4. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs :

“(A) The Hon’ble Court may be pleased to issue writ of certiorari or writ in the nature of certiorari or any other appropriate writ, quashing and setting aside the impugned order dated 23.12.2020 passed by the respondent No.1 Commissioner, Municipalities Administration, Gujarat annexed at Annexure-A to the petition.

(B) The Hon’ble Court may be pleased to issue writ of certiorari or writ in the nature of certiorari or any other appropriate writ, quashing and setting aside the order dated 28.12.2020 passed by the respondent No.3 Collector, Banaskantha annexed at Annexure 3 to the petition.

(C) The Hon’ble Court may be pleased to issue a writ of mandamus or writ in the nature of mandamus or writ or prohibition or writ in the nature of prohibition, or any other appropriate writ, direction or order prohibiting the respondent authorities from declaring the bye elections of the Dhanera Municipality.

(D) Pending final hearing and disposal of this petition, the Hon’ble Court be pleased to stay the execution, operation, and implementation of impugned order dated 23.12.2020 passed by the respondent No.1Commissioner, Municipalities Administration, Gujarat annexed at Annexure-A to the petition.

(E) Pending final hearing and disposal of this petition, the Hon’ble Court be pleased to stay the execution, operation and implementation of order dated 28.12.2020 passed by the respondent No.3-Collector, Banaskantha annexed at Annexure 3 to the petition.

(F) Pending final hearing and disposal of this petition, the Honble Court be pleased to restrain the respondents from declaring the bye elections of the Dhanera Municipality and also of the President and Vice President.

(G) The Hon’ble Court be pleased to grant such other and further relief in the interest of justice.”

5. Brief facts of the case are as under :

5.1) The petitioners are the elected members of Dhanera Municipality. The general election of Dhanera Municipality was held on 17.02.2018 and result was declared on 19.02.2018, wherein, out of total 28 seats, the petitioners herein belonging to the political party Indian National Congress got elected for 18 seats whereas, 11 seats went to the other political party being Bhartiya Janta Party.

5.2) It is the case of the petitioners that from the said 18 councilors who got elected, one councilor namely Balvantji Chhogaji Barot who also became the President of the Municipality was subsequently disqualified and thereby the petitioners herein belonging to the political party Indian National Congress had 17 elected councilors in Dhanera Municipality and, therefore, the petitioners were in majority.

5.3) It is the case of the petitioners that elections of the President and Vice-President was to be held every two and half years and therefore, on expiry of two and half years, election of President of Dhanera Municipality was declared by the Deputy Collector, Dhanera by issuing agenda notice dated 07.08.2020 and the election was held on 20.08.2020.

5.4) It is the case of the petitioners that since the ruling party is in the minority, the sh