VIDYADHAR VINAYAK MATHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard learned Counsel for the parties.

(2.) THE petitioner was elected as Councillor (on the ticket of Shiv Sena) of Municipal Council, Pulgaon from Prabhag No. 5-C which is reserved for Other Backward Class in the election which was held on 9-12-2001. Prior to this, the petitioner had contested an election of Member of Legislative Assembly from Deoli-Pulgaon constituency in the General Elections to the Assembly held on 6-9-1999. In the said General Election, the petitioner was served with a show-cause notice during the course of the said election by the Election Commission of India vide dated 28-6-2000 and as per the notice he was required to file a statement of correct account of election expenses with necessary details and documents to the District Election Officer-cum-Collector, Wardha and upon failure thereof to do so, he was put on notice that he-will be liable to be disqualified under Section 10-A of the Representation of People Act, 1951 for being a member of either House of Parliament or of the Legislative Assembly or Legislative Council of the State or Union Territory for a period of three years from the date of order of Commission declaring him to be so disqualified. It is undisputed that in spite of receipt of show-cause notice the petitioner did not comply with the said requirement and, therefore, the Election Commission of India by order No. 76/mtla/99/4783 dated 7-6-2001 disqualified the petitioner for a period of three years.

(3.) ON the basis of this disqualification by the Election Commission of India Communicated to the petitioner under a covering letter dated 4-8-2001 by the Collector, Wardha, it was ordered that the petitioner is disabled from continuing to be a Councillor of Pulgaon, Municipal Council and his office has become vacant. This order dated 28-10-2003 passed by Collector, Wardha in exercise of his powers vested under Section 44 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter to be referred to as "the Act" for short) was challenged in appeal which was dismissed by order dated 21-11-2003 by order dated 21-11-2003 by the State Government upholding the order dated 28-10-2003 of Collector, Wardha which is the subject matter of challenge before this Court.