VISHNU NARAYAN THANAGE Vs. PUNDALIK TUKARAM PATIL

JUDGEMENT

(1.) By this petition, petitioners seek to challenge an order dated 15th of September, 1993, passed by the Honourable Minister. Rural Development and Irrigation Department, Government of Maharashtra, rejecting the representation of the petitioners to remove Shri Pundalik Tukaram Patil, the first respondent herein, as a Councillor of the Raigad Zilla Parishad who was elected from the electoral division of Karjat.

(2.) On the 28th of February, 1992 elections for the Raigad Zilla Parishad were held wherein the first respondent herein contested the election from Karjat Electoral Division and was declared elected.

(3.) On the 11th of May, 1989 the State of Maharashtra, respondent No. 5 herein, decided to form an area of Karjat and adjoining areas into a Municipal Council and accordingly issued a notification dated 1st of October, 1992, under sub-section (3) of section 3 of the Maharashtra Municipalities Act, 1961. Under the above notification a Municipal Council namely the "Karjat Municipal Council" was constituted and an area which hitherto formed part of the Zilla Parishad and Panchayat Samiti was included in the area of the newly formed Karjat Municipal Council. On the very day i.e. on the 1st of October, 1992 the Government, by an order passed in exercise of the powers conferred under Clause (ii) of section 257 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961, hereinafter, for the sake of brevity, the Act, removed one Shri Pundalik Dayaram Bhoir as Member of the Karjat Panchayat Samiti on the ground that under the aforesaid notification, the Government, during the term of office of Members of the Karjat Panchayat Samiti of the Raigad Zilla Parishad had altered the boundaries of the Karjat Block by excluding, inter alia, therefrom the entire local areas comprising the electoral college of Karjat and including the same as part of Municipal areas of Karjat Municipal Council and the said member i.e. Pundalik Dayaram Bhoir, who represented the excluded area of Karjat Panchayat Samiti under provisions of section 257(ii) was liable to be removed from his membership of Karjat Panchayat Samiti.