SUNITA VILASRAO SALUKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. Mr. Chinchalikar, learned Asstt. Govt. Pleader for the respondent Nos. 1 and 2, and Mr. More, the learned Counsel for the respondent Nos. 4 and 5, appear and waive service of rule. Heard by consent.

(2.) THE petitioner has challenged the order dated 22. 8. 2005 passed by the State Minister for Urban Development in Appeal No. 3856 of 2005 by which the learned Minister has upheld the order disqualifying the petitioner under Section 44 (1) (e) of the Maharashtra Municipal councils, Nagar Panchayats and Industrial Townships Act, 1965, hereinafter referred to as the "act", and further confirmed the order under Section 44 (1) (e) in accordance with Section 55a of the Act.

(3.) ADMITTEDLY, the petitioner was declared elected on 10. 12. 2001 as president of the Pandharpur Municipal Council under Section 51 of the act as submitted by Maharashtra Act No. 8 of 2002. The newly introduced section provides for a direct general election of the president by voters whose names are included in the Municipal voters' list and not from amongst Councillors. She was, alongwith her husband Vilasrao, charged with under Section 44 (1) (e) for directly or indirectly constructing an unauthorised structure on land belonging to a trust in which her husband is a trustee. Section 44 (1) (e) reads as follows: