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2021 Supreme(Guj) 888

ASHUTOSH J.SHASTRI
VASANTIBEN VASHRAMBHAI GALCHAR – Appellant
Versus
COMMISSIONER, MUNICIPALITIES ADMINISTRATION, GUJARAT STATE – Respondent


Advocates Appeared:
For The Respondent:MR RS SANJANWALA SR. ADVOCATE with MR DIPEN DESAI
For The Respondent: MR HARDIK MEHTA ASSISTANT GOVERNMENT PLEADER

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. Sub

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