The court emphasized the importance of detailed reasons in a show-cause notice and upheld the jurisdiction of the authorities to exercise powers under the Act.

ORDER :

1. Challenge in this petition is made by the petitioners to the impugned show-cause notice dated 03.10.2022 issued under Section 263(1) of the Gujarat Municipalities Act, 1963 by respondent no.2 – the Deputy Secretary, Urban Development and Urban Housing Department, Gandhinagar.

2. Heard learned advocates for the respective parties.

3. At the outset, Ms.Shah, learned Government Pleader with Ms. Pathak, learned AGP for the State has raised objection that the present petition is not maintainable under Article 226 of the Constitution of India, as apparently the respondent authority by exercising its jurisdiction vested with its has issued the impugned show-cause noticed dated 03.10.2022 under Section 263(1) of the Act and has given necessary reasons along with show-cause notice and ask the President/Vice-President of the Board Nagarpalika to explain the same on or before 10.10.2022 and since neither they have not responded to the impugned showcause notice by filing any reply, nor the Municipality has passed appropriate resolution to that effect and filed any reply nor any elected members has filed reply, the present petition is not maintainable as it is filed against the show-cause notice. She has further submitted that she will also address on merits if it is required after hearing the petitioners.

4.1 Mr. B.M. Mangukiya, learned advocate for the petitioners has submitted that the impugned show-cause notice dated 03.10.2022 is issued with some ulterior motive as no confidence motion is signed by more than 13 Councillors. He has further submitted that said motion is moved under Sections 47 and 48 read with Section 51 of the Act against the Chief Officer on 17.08.2022, but the said motion was not moved further and ordered to be removed from file by the President on 24.08.2022. He has further submitted that no confidence motion is also moved against the Vice-President of the Municipality on 17.08.2022 by 16 Councillors. The said notice was accepted by the Chief Officer on 18.08.2022. He has further submitted that no confidence motion was also moved against respondent no.3. The said motion was moved under the signatures of the 16 Councillors. The no confidence motion can be moved under Section 36 of the Act which is required to be signed by not less than 1/3rd members of the total members of the Municipality. Since the house consisted of 36 Councillors, 16 Councillors consisted of more than 1/3rd of total strength of the Municipality. The said motion of no confidence was moved on 02.08.2022.

4.2 He has further submitted that once the motion of no confidence is served to the Chief Officer and the President, the President is duty bound to call the meeting of the house within 15 days from the date of receipt of the motion of no confidence, however, the President did not call the meeting. He has submitted that if the President fails to call the meeting, the Chief Officer has to make a report to the competent Authorities and the competent Authorities shall call the meeting within 15 days from the date of such communication forwarded and received by the competent Authorities. He has further submitted that as per the provisions contained in the Act, which is amended, the Regional Commissioner of Vadodara has ordered to convene the meeting of the General Board of Borsad Municipality. He has submitted that in pursuance of the order passed by the Regional Commissioner, the agenda notice was issued by the Chief Officer calling the meeting of the General Board of Borsad Municipality. He has submitted that the agenda notice was issued by the Regional Commissioner, Municipality, Vadodara by his notice dated 22.09.2022. He has further submitted that the meeting was convened by the aforesaid agenda notice on 28.09.2022 wherein the Deputy Collector and Sub Divisional Officer, Borsad remained present.

4.3 He has further submitted that in the meantime, the President and Vice-President were addressed another communication dated 31.08.2022 and has poi