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2021 Supreme(Guj) 1156

ASHUTOSH J.SHASTRI
UJESHBHAI ISHWARBHAI PATEL – Appellant
Versus
COMMISSIONER OF MUNICIPALITIES GUJARAT STATE – Respondent


Advocates Appeared:
For The Appellant : MR BM MANGUKIYA, MS BELA A PRAJAPATI
For The Respondent:MR MITUL SHELAT ADVOCATE for MR YOGI K GADHIA, MR HARDIK MEHTA ASSISTANT GOVERNMENT PLEADER

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for quashing and setting aside the impugned order dated 25.03.2021 passed by the respondent - authority removing the petitioners from the posts of councilors of Valsad Municipality.

2. The brief facts giving rise to the petition are that petitioner no. 1 is affiliated with Bhartiya Janta Party and was also elected as a councilor of Valsad Municipality in the year 2012 upto 2017. Again in the year 2017, petitioner no. 1 was elected as a councilor of Valsad Municipality. So far as petitioner no. 2 is concerned, he is also affiliated with Bhartiya Janta Party and having 6th term as a councilor in the said Municipality. So far as petitioner no. 3 is concerned, he was also a councilor right from the year 2002 and having successive 3rd term as a councilor. He came to be elected as an independent candidate. So far as petitioner no. 4 is concerned, he is also an independent candidate and elected as a councilor in the Municipality. It is the case of the petitioners that a show cause notice came to be issued on 29.07.2019 in exercise of powers conferred by virtue of sub-section (1) of

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