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2022 Supreme(Guj) 457

A.Y.KOGJE
Desai Mahendrabhai Ramjibhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Dipak Sanchela, Advocate With Mr Haribhai J Patel
For the Respondent: Ms Jyoti Bhatt, AGP, Mr Naman K Brahmbhatt

JUDGMENT :

1. Rule. Ms.Jyoti Bhatt, learned AGP waives service of rule for the respondent-State and Learned advocate Mr.Naman Brahmbhatt waives service of rule for the respondent no.6.

2. This petition under Article 226 of the Constitution of India is filed challenging the order dated 09.03.2022 passed by the Regional Commissioner of Municipalities, Surat Zone in Appeal case No.6 of 2022 (Annexure-A). along with this petition two separate petition are filed by the president and vice-president of the nagarpalika challenging the very resolution of no confidence which the subject matter of this petition, the challenge is under Art.226 of the Constitution of India, these petitions were also heard along with this petition and is disposed by a separate order.

3. By the aforesaid order, in exercise of powers under Section 258(1) of the Gujarat Municipalities Act , 1963 (herein after referred to as the “Act”) had issued show-cause notice fixing the hearing of the appeal on 28.03.2022 and at the same time, had stayed the Resolution No.51(1) & (2) passed in the special general meeting held on 03.03.2022 by Aamod Municipality.

4. The primary contention of the petitioner is that as per the pronoun

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