BABY SAMUEL Vs. TUKARAM LAXMAN SABLE

JUDGEMENT

(1.) Leave granted. Heard Counsel for the parties.

(2.) The appellant was elected as a Councillor of the Khopoli Municipal Council in December 1991. The contesting respondent Shri Sable was also elected as a Councillor. On account of a vacancy occurring in the office of the President of Municipality, an election was held to that office wherein the appellant was elected as the President. Prior to becoming the President, the appellant was the Chairman of a Committee incharge of awarding contracts. On the basis of certain complaints pertaining to the period he was the Chairman of the said Committee, a notice was issued to the appellant by the Collector calling upon him to show cause why he should not be removed from the office of the Councillor under section 44 of the Maharashtra Municipal Corporation Act, 1965. The appellant showed cause, whereafter the Collector removed him from the office of the Councillor by his order dated 4-10-1994. The operative portion of the order reads :

(3.) Against the said order of removal/disqualification the appellant filed an appeal before the Government under section 4(5) of the Act along with an application for stay. Since no orders were passed on his stay petition, the appellant approached the Bombay High Court by way of Writ Petition (C) No. 4465 of 1994. The High Court directed the Government to dispose of the stay petition within one week and the appeal within three months from the date of its order. The order of the High Court was made on October 26, 1994. In spite of the orders of the High Court, the State Government did not pass any orders on the stay petition.