Vasantiben Vashrambhai Galchar vs Commissioner, Municipalities ... on 19 January, 2021

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Gujarat High Court

Vasantiben Vashrambhai Galchar vs Commissioner, Municipalities ... on 19 January, 2021

Bench: Bhargav D. Karia

         C/SCA/670/2021                                      IA ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2021
                                  In
             R/SPECIAL CIVIL APPLICATION NO. 670 of 2021
=============================================

VASANTIBEN VASHRAMBHAI GALCHAR Versus COMMISSIONER, MUNICIPALITIES ADMINISTRATION,GUJARAT STATE ============================================= Appearance:

MR. R.S. SANJANWALA SR. ADVOCATE WITH MR DIPEN DESAI for the PETITIONER MR. K.M. ANTANI, AGP for the RESPONDENT STATE ============================================= CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 19/01/2021 IA ORDER Heard learned Senior Advocate Mr. Sanjanwala assisted by learned advocate Mr. Dipen Desai for the applicants and learned Assistant Government Pleader Mr. K.M. Antani for the respondent - State through video conference.

By this application the applicants original petitioners have prayed for the following reliefs : "(A) Pending final hearing and disposal of Special Civil Application no.670 of 2021, the Hon'ble Court be pleased to stay the execution, operation, and further implementation of the agenda notice dated 15.01.2021 annexed at AnnexureB to this application and thereby be pleased to stay the elections of President and Vice President of Dhanera Municipality.

(B) The Hon'ble Court be pleased to grant such other and further relief in the interest of justice."

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C/SCA/670/2021 IA ORDER This Court passed the following order on 13th January, 2021 in the main petition, which reads as under : "1. Heard learned senior advocate Mr. R.S. Sanjanwala for learned advocate Mr. Dipen Desai for the petitioners, learned advocate Mr. Chitrajit Upadhyay for caveators and learned Assistant Government Pleader Mr. Kanva Antani for respondent No.1 through video conference.

2. Learned Assistant Government Pleader Mr. Antani states that copy of the petition is served upon him today at 11:00 a.m. By learned advocate Mr. Dipen Desai appearing for the petitioners.

3. Learned advocate Mr. Chitrajit Upadhyay states that he has filed a caveat for Gitaben Raychandbhai Vaghela and others. However, the petitioners have not joined the caveators as party in the present petition and therefore, a separate Civil Application is filed for joining the caveators as respondents in the petition.

4. Office to list Civil Application filed by learned advocate Mr. Upadhyay on behalf of Gitaven Raychandbhai Vaghela and others along with Special Civil Application on 20th January, 2021. Learned AGP to file reply, if any, on or before the next date of hearing and serve a copy of the same upon the petitioners."

Learned Senior Advocate Mr. Sanjanwala submitted that though this Court has adjourned the matter on 20th January, 2021 because of the time sought by the learned Assistant Government Pleader, as well as, learned advocate Mr.Upadhyay, the Deputy Collector, Dhanera issued agenda notice on 15th January, 2021 for holding the election of President and Vice President of Dhanera Municipality on 20th January, 2021.

From the above facts, when the petitioners have challenged the order dated 23rd December, 2020 removing them as member of Dhanera Page 2 of 4 Downloaded on : Wed Jan 20 00:46:17 IST 2021 C/SCA/670/2021 IA ORDER Municipality, and as the matter is subjudice for adjudication, the Deputy Collector, Dhanera could not have issued agenda for holding election for the post of President and Vice President of Dhanera Municipality on the date on which the matter is adjourned by this Court. It is averred in the application that the order dated 13th January, 2021 was communicated to the concerned authorities.

This Court has refused to hear learned advocate Mr. C.B. Upadhyay, as the Civil Application for joining party is still pending.

It is pertinent to observe that when the matter with regard to the removal of applicantspetitioners as members of the Municipality is pending and when there is already an interim arrangement made by order dated 28th December, 2020 by the Collector, which is produced at AnnexureJ at page no.200 of the main petition, as per the provisions of subsection 7 of Section 42 of the Gujarat Municipalities Act, 1963, there was no need to issue the agenda for holding an election for the post of President and Vice President of Dhanera Municipality by the Deputy Collector before the hearing of the main petition.

In such peculiar facts and circumstances, this application is allowed. The execution, operation and further implementation of the impugned agenda notice dated 15th January, 2021 at AnnexureB to the application is stayed till final disposal of the Special Civil Application no.670 of 2021, meaning thereby, the election of President and Vice President of Dhanera Municipality, which is proposed to be held on 20th January, 2021 is stayed till final disposal of the Special Civil Application no.670 of 2021.

This application is disposed of accordingly.

Learned Assistant Government Pleader Mr. Antani is hereby Page 3 of 4 Downloaded on : Wed Jan 20 00:46:17 IST 2021 C/SCA/670/2021 IA ORDER directed to convey this order to the concerned officer forthwith.

Registry is directed to provide a copy of writ of this order to the learned advocate for the applicants through email so as to enable him to serve the same through Email/ Registered A.D. Post. Direct service is permitted today.

(BHARGAV D. KARIA, J.) AMAR RATHOD...

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