JUDGMENT :

1. The present petition is filed by the petitioners being aggrieved by and dissatisfied with the order impugned dated 30.06.2022 passed by the Deputy Secretary, Urban Development and Urban Housing Department, Government of Gujarat - respondent No.1, by which the body of the Botad Nagarpalika is dissolved.

2. The facts leading to filing of this petition are as under :

2.1 The last election of Botad Nagarpalika was held on 28.02.2021 and the election of President and Vice-President was held on 20.03.2021, in which Ms.Rajeshwariben Rajubhai Vora was elected as President of Botad Nagarpalika. However, as the elected members of ruling party-BJP had grievances against President - Ms.Rajeshwariben, she resigned from the said post on 05.05.2022.

2.2 Thereafter, once again the agenda for the election of President and Vice-President has been issued, wherein BJP has issued mandate in favour of one Ms.Dharmishtaben Upendrabhai Jotaniya for the post of President. However, the elected members of BJP revolted and 23 members gave vote in favour of petitioner no.1, who was councillor from Ward no.10 of Botad, on 31.5.2022 and therefore, the petitioner no.1 was elected as President.

2.3 Thereafter, as the petitioner no.1 was elected as President against the whip of BJP, the local organization of BJP with the help of State BJP started harassing the councilors and ensured that maximum number of councilors leave the group of petitioners. It is the case of the petitioners that 8 councilors who had supported the petitioner no.1 at the election of President are no more with her group.

2.4 Thereafter, on 22.6.2022 general Board of Nagarpalika met and Vice President was elected on 29.6.2022.

2.5 It is the case of the petitioners that on 13.6.2022, a show cause notice was issued to the petitioner no.1 and elected members of Botad Nagarpalika through respondent no.1 calling upon the Nagarpalika as to why the Nagarpalika should not be dissolved under Section 263(1) of the Gujarat Municipalities Act, 1963 (hereinafter referred to as `the Act' for short), alleging that the elected body of the Nagarpalika has failed to discharge the duties entrusted upon it under the Act and that Nagarpalika is unable to discharge its duties.

2.6 Pursuant to the said show cause notice, the Special General Board meeting of Board was convened on 22.6.2022 and draft reply to the said show cause notice was placed before the Board. However, the respondent no.1 refused to accept the same and called upon the petitioners to submit the reply alongwith entire proceedings.

2.7 Thereafter, on 28.6.2022, the petitioners submitted reply to the respondent no.1 along with the annexures. The petitioners submit, that immediately on 30.6.2022, without giving any opportunity of hearing to the petitioners, passed the orders and dissolved the Nagarpalika under Section 263(1) of the Act and also appointed respondent no.1 as Administrator. Therefore, the present petition is filed.

2.8 Rule. Learned AGP waives service of notice of rule on behalf of the respondents. With consent of the learned advocates, this matter is taken up for final hearing today.

3. Heard Mr. Bharat T. Rao learned advocate for the petitioners and Ms. Manisha Lavkumar Shah, learned Government Pleader with Ms. Shruti Pathak, learned Assistant Government Pleader for the State Authorities.

3.1 Mr. Rao, learned advocate for the petitioners has submitted that the impugned order passed by respondent No.1 is an abuse of process of law, misuse of powers vested to the Authority and without appreciating the material available on record, as the show-cause notice was issued on 13.06.2022 to the petitioners, reply to the said show-cause notice was submitted on 28.06.2022 and the impugned order is passed on 30.06.2022 by the concerned Authority. He has submitted that it is a case of victimization as the Authority has acted on the basis of the show-cause notice only and has not kept in view the reply submitted by the petitioner/s.

He has submitt