NANHEKHAN GULABKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this writ petition, which is filed under Article 226 of the Constitution of India there involves a short but important question regarding procedure prescribed under section 59 of the Bombay Police Act, 1951 (hereinafter referred to as the Act ). By this order dated December 1, 1989 the Sub-Divisional Magistrate, Aurangabad, who is respondent No. 2 herein, has passed the order of externment under section 56 (1) (a) of the Act, against the petitioner, requiring him to remove himself outside the district of Aurangabad, for a period of two years. The petitioner has filed his appeal under section 60 of the Act to the State Government-respondent No. 1, but his appeal has been dismissed on March 23, 1990. The petitioner is challenging these orders in this writ petition.

(2.) THE petitioner is a permanent resident of Bidkin, Tahsil Paithan, District Aurangabad. The petitioner has stated that he is a active social worker and also political worker of Congress (1 ). He is a member of Panchayat Samiti Paithan (Bidkin circle) and also a member of Gram Panchayat, Bidkin for many years.

(3.) IT may be stated that the respondent No. 2 is the Sub-Divisional Magistrate, Aurangabad who is the externing authority under section 56 of the Act. The respondent No. 3 is the Sub-Divisional Police Officer (Rural) Aurangabad. The respondent No. 3 has issued a show-cause notice on August 15, 1989 under section 59 of the Act, calling upon the petitioner to show cause why be should not be externed from districts of Aurangabad, Ahmednagar and Jalna for a period of two years.