Point of law: The Court is also mindful that there is no specific embargo on exercise of jurisdiction under Article 226 of the Constitution of India even at notice stage, but in the circumstances of the present case, when the competence of authority is not in question and appropriate opportunity is open for the petitioners to project all these grievances before the statutory authority and further even if the petitioners are aggrieved, statute has provided adequate mechanism to ventilate the grievance, the Court is not inclined to thwart such adjudication process of statutory authority.

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, a challenge is made to the show cause notice dated 28.09.2021 issued by respondent no. 1 – Commissioner of Municipalities, Administration, Gujarat State.

2. It is the case of the petitioners that General Elections of Dhanera Municipality was held on 17.02.2018 and the result was declared on 19.02.2018. Out of total 28 seats, for 18 seats, candidates belonging to Indian National Congress, got elected, whereas, 11 seats went to Bhartiya Janta Party. Out of all these 18 councilors, one Balvantji Chhogaji Barot who was elected as President of the Municipality, was subsequently disqualified. As a result of which, 17 elected councilors remained in Dhanera Municipality belonging to Indian National Congress, whereas, 2 councilors have unfortunately died. Hence, 15 councilors remained, who are the present petitioners. The elections of President and Vice President were to be held every two and half years. As a result of this, on expiration of two and half years, for election of President of Dhanera Municipality, an agenda notice was circulated by the Deputy Collector, Dhanera to hold elections on 20.08.2020. Subsequently, a show cause notice under Section 37 and Section 70 of the Gujarat Municipalities Act were issued upon the petitioners only with a view to see that they cannot participate in election process for the posts of President and Vice President. According to the petitioners, 13 issues which have been mentioned in the show cause notice were relating to the Resolutions which have been passed by the general body, which consists of elected members including the members belonging to different political party. The show cause notice has been issued upon the petitioners only on 06.08.202 under Section 37 of the Gujarat Municipalities Act. Simultaneously, according to the petitioners, the Regional Commissioner, initiated proceedings under Section 70 of the Gujarat Municipalities Act for recovery, at the instance of the councilors, who were in minority though they were very much part of the Resolutions passed by the Municipalities and in such proceedings also, the petitioners were issued notice under Section 70 of the Gujarat Municipalities Act. The next date of hearing was kept on 20.08.2020 at 12:30 pm., knowing fully well that on that very day, the elections of President and Vice President were to be held. This action was challenged by the petitioners by filing writ petition being Special Civil Application No. 9675 of 2020 in which show cause notice as indicated above, has been challenged and vide order dated 19.08.2020, the Court protected the petitioners by directing the authorities to adjourn the proceedings beyond the date of elections. On 25.08.2020, in the said election process of President and Vice President, one Jagalben Kanaji Thakore was elected as President, whereas petitioner no. 14 i.e. Shankarbhai Savabhai Patel was elected as Vice President. As the election was over, the petitioners withdrew the said petition with a view to raise all the contentions before the adjudicating authority i.e. respondent no. 1 and accordingly, the petition was disposed of vide order dated 27.08.2020. After the said withdrawal of the petition before the authority, the petitioners submitted reply, raising all the permissible contentions including preliminary issues with regard to issuance of show cause notice under Section 37 of the Gujarat Municipalities Act. Though an impression was given to the petitioners that personal hearing would be given before passing the final order, however, on 23.12.2020, an order came to be passed under Section 37 of the Gujarat Municipalities Act, removing the petitioners. Since there was violation of the principles of natural justice, the petitioners challenged the same by way of petition being Special Civil Application No. 670 of 2021. However, in the meantime, pursuant to the impugned order, as indicated above, the Collector, Ban