C/SCA/6381/2025 ORDER DATED: 02/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6381 of 2025 ========================================================== USHABEN PRAKASHBHAI BARAIYA & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. HARDEEP L MAHIDA(7112) for the Petitioner(s) No. 1 to 7 MR ROHAN RAVAL, AGP for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 02/05/2025 ORAL ORDER 1. This petition is filed seeking to quash agenda notice dated 25.04.2025 (Annexure-A, Page No. 13) scheduled to be held on 05.05.2024, Monday at 04:00 PM. 2. Heard learned advocate Mr. Hardeep Mahida for the petitioners and learned Assistant Government Pleader Mr. Rohan Raval for respondent Nos. 1 to 3. 3. Learned advocate Mr. Mahida for the petitioners submitted that petitioners herein are Elected Councilors of Khambhat Nagarpalika through election in accordance with the provisions of the Gujarat Municipalities Act, 1963. Thereafter, the petitioners tendered resignation from the post of Councilor on 25.11.2024. Thereafter, shortly within a period of 8 days the said resignation was withdrawn by an application dated C/SCA/6381/2025 ORDER DATED: 02/05/2025 04.12.2024. Since no action has been taken upon application seeking withdrawal of resignation, one more application was made to act upon withdrawal application of resignation of the petitioners under Section 35(5) of the Gujarat Municipalities Act, 1963 (for short ‘the Act, 1963’). The said application was addressed to the Regional Commissioner, Vadodara (Annexure- C, Page No. 30). The said application was sent back on the ground that the same does not pertain to the jurisdiction of Regional Commissioner, Vadodara. 3.1 Despite pendency of application seeking withdrawal of resignation vide application dated 04.12.2024 an agenda notice was circulated by Khambhat Nagarpalika where one of the agenda is to consider the resignation of the petitioners under Section 35(5) of the Act, 1963. Learned advocate submitted that since Agenda No. 11 is referred to consider the resignations of the petitioners despite their withdrawal application, the same would cause prejudice to the petitioners and therefore present petition is filed. 4. Learned Assistant Government Pleader Mr. Rohan Raval for respondent Nos. 1 to 3 could not dispute the pendency of application dated 04.12.2024 preferred by the petitioners seeking withdrawal of resignation. 5. In view of above, following order is passed. 5.1 Respondent Nos. 5 and 6 are directed not to act upon Agenda No. 11 dated 25.04.2025 to be held on 05.05.2024, Monday at 04:00 PM. Page 2 of 3 C/SCA/6381/2025 ORDER DATED: 02/05/2025 5.2 It is clarified that with regard to other agendas, this Court has not made any observations. 5.3 It is open for the petitioners to make one more application before respondent No. 2 authority to decide the application as expeditiously as possible. 6. With the above observations and directions, present petition is disposed of. 7. Direct service TODAY is permitted. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 02/05/2025 13:23:49