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SANDEEP N. BHATT
Hardikkumar Kanubhai Shah – Appellant
Versus
Commissioner, Municipalities Administration, Gujarat State – Respondent
JUDGMENT :
1. The present petition is filed under Article 226 of the Constitution of India by four petitioners who are the members of Dakor Municipality challenging the order dated 30.11.2021 passed by the respondent no.1- Commissioner, Municipalities, whereby the respondent no.1 has removed the petitioners as councillors of Dakor Municipality in purported exercise of powers under Section 37 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as ‘the Act’ for short). During the pendency of the petition, the petitioners filed a draft amendment for adding certain grounds and prayer clause, which was granted by order of this Court and the same was carried out.
2. Rule. Respective learned advocates waive service of notice of rule for respective parties.
3. Notice was issued by the coordinate Bench of this Court on 9.12.2021. Thereafter, a detailed order was passed by coordinate Bench of this Court on 7.2.2022 allowing the draft amendment sought for. Thereafter, the matter was adjourned from time to time and when the matter is listed before this Court, it was partly heard on 21.9.2022 and finally heard today.
4. The brief facts leading to filing of this petition, as mentioned i
The decision emphasized the need for grave and exceptional circumstances to justify removal under Section 37 of the Act, and highlighted the importance of collective responsibility for decisions made....
The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
The grounds for removal of an elected official must be justified under the relevant legal provisions, and removal should only be resorted to under grave and exceptional circumstances.
Point of Law - Statutory provisions of resignation under section 35 (5) are completely and wholly different than the one under section 37 of the Municipality Act and therefore, interpretation which h....
Removal from elected office must be based on clear, substantiated allegations; arbitrary removal without evidence violates principles of natural justice.
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
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