(1.) This appeal has been preferred against the impugned judgment and order dated 18.6.2009 passed by the High Court of Bombay in Writ Petition No. 4665 of 2009 by which the High Court has affirmed and upheld the judgment of the Hon ble Chief Minister of Maharashtra declaring that the conduct of the appellant was unbecoming of the President of Uran Municipal Council and declared him to be disqualified for remaining tenure of municipal councilorship under Section 55B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter called as the 'Act 1965) and further declared himdisqualified for a period of six years from the date of the order i.e. 21.3.2009.
(2.) Facts and circumstances giving rise to this appeal are: A. That the appellant was elected as member of Uran Municipal Council and, subsequently, elected as a President of the Municipal Council. The appellant was served with a show cause notice dated 3.12.2008 by the State of Maharashtra calling upon him to explain why action under Section 55B of the Act 1965 be not taken against him. The chargesheet contained the following six charges:
(3.) Shri Vinay Navare, learned counsel appearing for the appellant, has submitted that only three charges i.e. charge nos.3, 5 and 6 have been held proved against the appellant. One charge is that the appellant did not call for a meeting for a period of three months i.e. from 28.2.2007 to 28.5.2007 as required under Section 81(1) of the Act 1965, for which the appellant had furnished explanation which was worth acceptance. The officer concerned of the municipal council did not inform the appellant, nor the members asked to hold such meeting as required under Section 81(1) of the Act 1965, so it was merely an inadvertent act and could not be intentional. Therefore, the question of committing any misconduct could not arise.
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