SANJAY VISHNU KONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order passed by the respondent no.2 under section 55 A of the Maharashtra Municipalities Act 1965.

(2.) BY the impugned order the petitioner was removed from the member's post of the municipality and was disqualified for a period of six years for certain misconduct alleged to have been proved against him. The petitioner had given a detailed reply to his show cause notice and his substantial reply was that the act done by him was in pursuance of the Resolution passed by the Municipal Council and he cannot be held responsible for the said misconduct. In fact according to the petitioner, the work having been done was in execution of the Resolution passed by the municipality, and no misconduct whatsoever was committed by him. The petitioner was given an opportunity of hearing and on 16th January, 2001 he filed an application with compilation of about 300 pages, relying heavily on certain documents therein, for claiming that he has not committed any misconduct. In reply, an affidavit has been filed by the concerned Honourable Minister and the allegations of mala fide are denied. It is considered that adequate opportunity of showing cause was given to the petitioner and therefore there is no substance in the petition.