ORAL ORDER

1. Heard Mr. Vikas Nair, learned advocate for the petitioner and Mr. Meet Thakkar, learned AGP for respondents no. 1 to 3. Though served none appears for respondent no. 4

2. Rule returnable forthwith. Mr. Meet Thakkar, learned AGP waives service of notice of rule on behalf of respondents no. 1 to 3. With the consent of the parties, the matter is taken up for final hearing today.

3. Under challenge in this petition, under Article 226 of the Constitution of India, is a show cause notice dated 30.03.2021 issued to the petitioner under Section 37 of the Gujarat Provincial Municipalities Act, 1963 (for short ‘the Act’).

4. It appears that this court on 09.04.2021 has passed the following detailed order:

“By way of present petition under Articles 14, 15 , 21, 226 and 243 of the Constitution of India, petitioner has prayed for the following reliefs:

“(A)YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the showcause notice dated 30.03.2021 at Annexure A and the further proceedings arising out of the impugned notice;

(B)YOUR LORDSHIPS may be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction declaring that the respondent no. 2 authority has no jurisdiction to proceed under Section 37 or 40 of the Gujarat Municipalities Act, 1963 on the set of facts as enumerated in the impugned show- cause notice as the action is unconstitutional and ultra vires Article 14, 16 and 243 of the Constitution of India and Gujarat Municipalities Act, 1963; \

(C)YOUR LORDSHIPS may be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction prohibiting the Respondent no.2Commissioner of Municipalities from proceedings ahead with impugned Show cause notice dated 30.03.2

021;

(D)Pending the admission and final hearing of the petition, YOUR LORDSHIPS may be pleased to stay the further proceedings pursuant to the impugned show-

cause notice dated 30.03.2021;”

Having heard learned advocate Mr. Vikas Nair appearing for the petitioner and learned AGP for the respondent No.1, I am of the opinion that the matter requires consideration.

Issue NOTICE making it returnable on 23.06.202 1. Learned AGP waives service of Notice on behalf of the respondent– State of Gujarat.

Insofar as prayer for interim relief is concerned, I have gone through the impugned Show- cause notice dated 30.03.2021 issued by the Commissioner of Municipalities, Gandhinagar under Section 37 of the Gujarat Municipalities Act, 1963 by which the petitioner has been called for to show cause as to why he should not be removed from the post since some First Information Reports have been lodged with concerned police station. I have also gone through an order dated 04.03.2021 passed by the Commissioner of Municipalities, Gandhinagar by which he has exercised his powers under Section 40(1) of the Gujarat Municipalities Act, 1963 and suspended the petitioner from the post of President as well as the order dated 24.03.2021 passed by the Deputy Secreta ry (Appeals),Urban Development and Urban Hou sing Department by which he has exercised his powers under Section 40(3) of the Gujarat Municipalities Act, 1963 and matter is remanded to the Commissioner of Municipalities to pass a fresh order after givin g opportunity of hearing to the petitioner.

When the suspension order itself was passed relying upon the FIRs and the same has been quashed and is pending for heari ng, I am of the prima facie opinion that the said authority should have waited for outcome of the proceedings which were initiated under Section

40 of the Gujarat Municipalities Act, 1963.

Hence, adinterim relief in terms of paragraph 8(e). Adinterim relief shall not come in the way of Commissioner of Municipalities to decide the case on remand.”

5. The ground on which this court entertained the