MANGAL KIRAN WAGHMODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present writ petition the Petitioners have sought quashing and setting aside of the substance of the imputations of the disqualification and articles of charges dated 13 January 2020 framed in Case No. 1 of 2020 by the Collector of Solapur and seeking that the application of the Petitioners be allowed. The Petitioners have also sought quashing of said Case No. 1 of 2020.

(2.) The factual position on record shows that election of the councillors of Zilla Parishad, Solapur took place on 21 February 2017 and result of the same was declared on 23 February 2017. At that time, the post of President of Solapur Zilla Parishad was to be filled up by electing a councillor from "General" category and accordingly person from said category was elected for a period of about 21/2 years i.e. upto 31 December 2019. On 31 December 2019 the seat of President of Zilla Parishad was to be filled up by electing a councillor to the seat of President from reserved category viz. Scheduled Caste. On 31 December 2019 the special meeting for election of President and Vice-President was called by Returning Officer. In the said meeting the Petitioners were present and voted as per their will as according to the Petitioners there was no directions/ whip in compliance with Maharashtra Local Authority Members' Disqualification Act, 1986 (hereinafter referred to as "said Act").

(3.) On 6 January 2020 the Respondent No. 4 filed an application bearing application No. 1 of 2020 before the Respondent No.3-Collector, Solapur under Sections 7 and 3 of the said Act read with Rule 6 of the Maharashtra Local Authority Members' Disqualification Rules, 1987 (hereinafter referred to as "said Rules"). In the said application, the Respondent No. 4 has inter alia raised following contentions:-