JITENDRA HIMMAT BIRARIS Vs. KIRAN ALIAS GULABRAO PATIL

JUDGEMENT

(1.) Petitioners, in these petitions, are challenging the order passed by Collector, Dhule dated 27th May, 2009, thereby turning down objections raised in the References presented by Respondent No. 1 to the Collector under Section 7 of Maharashtra Local Authority Members' Disqualification Act, 1986 (hereinafter referred to as "Disqualification Act").

(2.) Petitions presented by Respondent No.l herein under Section 7 of the Disqualification Act were referred to the Collector regarding disqualification of petitioners. Petitioners are elected members of Zilla Parishad, Dhule. It is the allegation of respondent No. 1 that petitioners in disregard to the whip issued by leader of Zilla Parishad party have cast vote at the elections of President and Vice President as against the candidate set up by the party and as such they have incurred disqualification within meaning of Disqualification Act and as such are liable to be unseated. There was preliminary objections raised as regards maintainability of References by the petitioners. The objections raised are set out as below :

(3.) According to petitioners herein, mandatory requirements in respect of presentation of References have not been complied with and as such, References are liable to be rejected in view of provisions of Rule 7(2) of the Maharashtra Local Authority Members' Disqualification Rules, 1987 (hereinafter referred to as "Rules of 1987").