JUDGMENT :

1. The matter was extensively heard on 20.2.2023 and it was agreed among learned advocates for the parties that the matter was being heard finally, and therefore, on 20.2.2023, the following order was passed:

“Heard learned advocate Mr.Nirav Thakkar for the petitioner, learned Government Pleader Ms.Manisha Lavkumar Shah assisted by learned Assistant Government Pleader Ms.Shruti Pathak and learned advocate Mr.Deepak Sanchela for the Respondent No.2 – Nagar Palika.

Arguments are concluded. List for orders on 27.02.2023.”

2. In view of the aforesaid order, issue Rule. Ms.Shruti Pathak, learned Assistant Government Pleader waives service of rule for respondent No.2 and learned advocate Mr.Deepak Sanchela waives service of rule for respondent No.2.

3. By way of the petition, the petitioner has prayed for quashing and setting aside the order dated 28.12.2021 passed by the Commissioner of Municipality (Administration) whereby the petitioner was removed as Member of the Unjha Municipality by Commissioner, Municipal Administration in exercise of powers under Section 37(1) of the Gujarat Municipalities Act, 1963 (for short, ‘the Act, 1963’).

4. The facts of the case in nutshell ar