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 Section 37 of the Act, inter alia, calling upon the petitioners to show cause as to why the petitioners should not be removed as a councilors of the Valsad Municipality in view of disgraceful conduct shown in the meeting held on 29.01.2019 of the said Municipality. It was alleged in the show cause notice that at 11:30 am, the meeting was held in the meeting hall of Valsad Municipality, wherein, petitioners were raising their voice and were making their representation and it is alleged that despite they being informed to maintain decorum, they continued to misbehave, abuse the office and has disrupted the Valsad Municipality. These petitioners frequently left their chairs and in an infuriated state of mind, rush down in the meeting towards the chair to obstruct the proceedings and were abusing the officers, who are present in the meeting. It was further alleged that the works proposed by the Chairman of the Executive Committee were accepted and stopped by misbehaving in such an abusive manner and to that effect videography of the meeting is also undertaken. After getting opinion from the Regional Commissioner of the Municipality, Surat Zone, the Commissioner of the Municipality, Surat Zone, opined to take steps under Section 37 of the Act against the petitioners and along with the show cause notice, a report for Regional Commissioner of Municipality, Surat Zone was also served to the petitioners. A copy of the said report was dated 18.07.2019.

2.1. It is the case of the petitioners that on 13.08.2019, an application was submitted to provide the documents relied upon by the authorities for issuance of show cause notice under Section 37 of the Act, but the same were not provided, which has affected their right of making effective reply and representation. Pursuant to the said application, some of the documents were provided to the petitioners and as such, another application was given on 17.03.2020 to provide further documents which were left out and without those relevant documents, it was not possible for the petitioners to prepare an affidavit-in-reply. Since all other documents were not provided, yet another application was given on 29.10.2020 in which one page report was supplied to the petitioners. Though other relevant material was relied upon after the aforesaid third application i.e. 29.10.2020, by a forwarding letter dated 12.09.2019, some of the documents were provided and as such, for left out documents, then the petitioners were present with their advocate along with the application and compact disc which was not provided and for such compact disc by way of notice dated 02.11.2020, the next date of hearing was fixed on 12.11.2020 which was communicated by the Mamlatdar, Municipality (Administration) Gujarat State, Gandhinagar.

2.2. It is fur