MADHUKAR DEOMAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE short question that arises for consideration in the present writ petitions is whether the Commissioner is competent to pass order of disqualification on his own against the elected Councilors.

(2.) BRIEFLY stated, in all these matters, the petitioners are duly elected Councilors of the malegaon Municipal Corporation. Respondent No. 3 - Commissioner - issued show cause notice to each of them, in all 14 elected Councilors on december 6, 2663. The show cause notice essentially is founded on the allegation that the respective Councilors have incurred disqualification in terms of Section 16 (1) (f) of the Bombay Provincial Municipal Corporations Acts 1949. The respective Councilors, Petitioners herein, filed their explanation to the said show cause notice. The Commissioner was not satisfied with the explanation offered by the Petitioners. However, instead of making reference of the issue as to whether the concerned elected Councilors have incurred disqualification to the Judge, as was required under section 12 (1) of the Act, the commissioner himself proceeded to pass order of disqualification on 31st March 2664 against each of them. Those orders are subject matter of challenge in all these companion writ petitions.

(3.) HAVING considered the rival submissions, i have no hesitation in taking the view that the commissioner has acted without jurisdiction in passing the order of disqualification, instead of making reference to the Judge as was required under section 12 (1) of the Act. Indeed, the allegation against each of the Petitioners is referable to clause of disqualification under section 10 (1) of the Act. However, after inviting explanation, the Commissioner ought to have made reference to the Judge as per section 12 (1) of the Act. It is apposite to advert to section 12 of the Act, which reads thus :