PRATIBHA SUDHIR SHINDE Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and taken up for final disposal with the consent of the parties.

(2.) The Petition takes exception to the order of disqualification dtd. 4/8/2021 passed by the State Government through its Minister-Department of Urban Development by which the Petitioner has been removed from the post of the President of Wai Municipal Council , Dist- Satara and has been disqualified as Councilor of the said Municipal Council. She has been barred for a period of 6 years from contesting election from the post of Councilor of Wai Municipal Council by the impugned order.

(3.) The facts of the case are that the general elections of Wai Municipal Council were held on 27/11/2016. The Petitioner was directly elected as President of the Wai Municipal Council. A complaint came be to filed with the Anti Corruption Bureau alleging demand of bribe by the Petitioner and her husband by one Amit Ramchandra Jaygude on 8/6/2017. It was alleged that ACB had set the trap and the Petitioner and her husband were caught red handed accepting a bribe of Rs.14,000.00 allegedly for the purpose of clearing the balance bill amount of Rs.1,40,000.00 towards the payment to be made by the Wai Municipal Council for the purpose of building of public toilet. On 30/6/2017, Cr. No. 166 of 2017 came to be registered with the Wai Police Station for the offences punishable under Sec. 7, 12 ,13(1)(d) read with Sec. 30(2) of the Prevention of Corruption Act, 1988. As the Petitioner was public servant, sanction was sought from the State Government from the Anti Corruption Bureau and after examining the concerned documents, sanction was granted by the State Government on 22/3/2018. Pursuant thereto, the State Government decided to initiate proceedings under Sec. 55A and 55B of the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Township Act, 1965 (Act of 1965) for disqualification of the Petitioner. In the mean time, the requisition for removal of the Petitioner was received by the Wai Municipal Council from 16 Councilors. The State Government directed the Collector, Satara to submit a proposal to the State Government after conducting an inquiry in accordance with the procedure which has been set out in the GR dtd. 1/11/1979. The Collector directed the Sub-Divisional Officer to conduct an inquiry and submit a report. Accordingly, the Sub-Divisional Officer conducted the inquiry and submitted a report which was then considered by the Collector and forwarded to the State Government with the recommendation of removal of the Petitioner on the ground of misconduct and disgraceful conduct.