SURESHKUMAR KANHAIYALAL JETHLIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this application, the petitioner in Writ Petition No. 5022 of 2000 (reported in seeks review of the judgment and order passed by this Court (Coram: Marlapalle and Dabholkar, JJ.) on 16-12-2000. By the impugned order, writ petition challenging the order dated 29-11-2000 passed under section 55-A read with 55-B (b) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short, "the said Act" hereinafter), by the respondent No. 3, by which the petitioner was removed from the post of President of Municipal Council, Partur, District Jalna and also disqualified for a period of six years from the date of the order for being elected as Councillor, was dismissed.

(2.) IN the elections for Partur Municipal Council held on 1-12-1996, panel of the petitioner was elected with thumping majority of 14 seats out of 17. Elected seats included the petitioner, his wife Vimaladevi as also one Shri Shamsingh Thakur. On 17-12-1996, Shri Thakur was elected as President, since the post was then reserved. Subsequently, Shri Thakur proceeded on leave and Smt. Vimaladevi, the then Vice President took the Presidentship from 2-7-1997 to 5-11-1997. In the fresh elections for the Presidentship held on 17-12-1997, the petitioner was elected. The respondents Nos. 4 to 6 along with other Councillors had submitted representations in the later half of the calender year 1999. Consequently, the show cause notice dated 9-6-2000 was issued against, the petitioner levelling three charges against him. On service of the notice, the petitioner applied for documents which were duly supplied to him on 4-7-2000. The petitioner also submitted a detailed reply on 12-7-2000. Hearing took place on 17-8-2000 when the petitioner himself along with his Advocate Shri Deshpande, ex-MLA Shri Kadir (respondent No. 7) and others were present. The order removing the petitioner from the post of President and disqualifying him for being elected as a Councillor for the next six years came to be passed on 29-11-2000. It was communicated to the petitioner vide forwarding letter dated 5-12-2000.

(3.) BY the judgment under review, it was observed that charge No. 3 was regarding resolution passed about 7 years ago and the same was during the earlier tenure (1990-1995) of the petitioner as President of the Municipal Council and it was too late for the respondent No. 3 to proceed on such a stale charge and therefore, it was held that there is no case made out to proceed against the petitioner on account of the said charge. So far as first charge regarding favouring M/s. Gajanan Cotton and Pressing Factory, owned by the family of the petitioner, by charging less betterment charges and the development cess, apart from the fact that the order passed by the respondent No. 3 recorded that the Municipal Council officers and Councillors connived and caused loss to the Municipal Council and Smt. Vimaladevi, who was acting as President for some period; was also blamed, there was nothing on record to show that favours were at the instance of the petitioner. It was felt necessary that when the findings pointed out a finger against the Municipal Council Administration it was necessary for the Council to probe into the same and proceed against the officers concerned. Failure or laxity on account of supervision was not sufficient reason justifying removal from the post of President of Municipal Council. We have, therefore, taken a view that even on account of findings recorded on the first charge, action of removal was not justified. While dismissing the writ petition we have upheld the order passed by the respondent No. 3 so far as second charge that was levelled against the petitioner. For the purpose of present review petition, we are concerned with the second charge; reply of the petitioner to the same and findings of the respondent No. 3 on it.