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2021 Supreme(Guj) 747

SANGEETA K.VISHEN
VASANTIBEN VASHRAMBHAI GALCHAR – Appellant
Versus
COMMISSIONER, MUNICIPALITIES ADMINISTRATION, GUJARAT STATE – Respondent


Advocates Appeared:
For The Appellant :MR RASHESH SANJANWALA, Senior Advocate with MR DIPEN DESAI
For The Respondent: MR BHARAT VYAS, ASSISTANT GOVERNMENT PLEADER, MR D V KANSARA, MR VIJAY H NANGESH, MR C.B. UPADHYAYA WITH MR. ANAND V THAKKAR

JUDGMENT :

1. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Rule. Mr. Bharat Vyas, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent nos.1 and 3, Mr. Anand V. Thakkar, learned advocate waives service of notice of rule on behalf of the respondent nos.5, 6, 7, 9, 11 and 14, Mr. D.V. Kansara, learned advocate waives service of notice of rule on behalf of the respondent nos.4, 8, 10, 12 and 13 and Mr. Vijay H. Nangesh, learned advocate waives service of notice of rule on behalf of the respondent no.2.

3. The petitioners are aggrieved by the order dated 18.6.2021 passed by the respondent no.1 – Commissioner, Municipalities Administration (hereinafter referred to as “the Commissioner”) in exercise of the powers conferred under Section 37 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as ‘the Act of 1963’) whereby, the petitioners are removed as Councillors of the respondent no.2-Dhanera Municipality (hereinafter referred to as ‘the Municipality’). It is alleged that the order is passed with mala fide intention because the petitioners belong to the

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