MAKRAND Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard the parties finally, by consent.

(2.) THE petitioner takes exception to order received under letter dated 17 -8 -2015 annexed as Exhibit -P (pages 140 -142) passed by Respondent No. 2 -Honourable Minister, Urban Development in proceedings under Section 55B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (" The MC Act "), disqualifying the petitioner -the then Vice President, Municipal Council, Osmanabad.

(3.) THE disqualification ostensibly appears to be for an act claimed to have been committed by petitioner during the term of municipal council for the period 2006 -2011. It appears that subsequent elections have also been held and presently petitioner has been elected as president. The act for which disqualification of the petitioner has been sought is alleged to be during his tenure as vice president and while completion certificate had been granted to his father, petitioner was in charge president. Initially, the proceedings were being pursued under section 44 of the MC Act before Respondent No. 3 -Collector, Osmanabad, however, after a while, when the proceedings appear to have reached certain stage, it is being alleged by other side, that when the petitioner sensed the conduct of proceedings before Respondent No. 3 is not likely to be favourable to him, upon his insistence the transfer of proceedings was arranged for before the government.