SUREKHA SANJAY LAHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This matter was heard on 6/5/2025 for final disposal by consent of the parties. However, the judgment could not be prepared till 9/5/2025 and thereafter vacation started. Thereafter, from 13/5/2025 till 25/5/2025, this court was out of station. The petitioner moved a preacipe for pronouncement of judgment in the vacation. It was informed to the Senior Private Secretary that pursuant to the impugned order now the learned Collector, Jalna has declared a program of election to the post of President, Nagar Panchayat on 30/5/2025. In view of this facts, the court is pronouncing the judgment in the vacation.

(2.) The petitioner has challenged an order whereby she is held to be disqualified as President under Sec. 55-A and 55-B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the said Act). Further she is held to be disqualified even as Councillor. She is further held not eligible even to contest election for 6 years to the post of Councillor. Respondent No.1 is the State of Maharashtra Through Secretary, Urban Development Department. Respondent No.4 is the District Collector, Jalna. Respondent No.5 is the Nagar Panchayat, Jafrabad through its Chief Officer. No notice is required to respondent No.5.

(3.) Civil Application No. 5341/2025 for intervention is filed by the caveator who is not a party to the petition. It is stated that this applicant is councillor and is instrumental in action under Sec. 55-A of the said Act. Civil Application No.5342/2025 is by another Councilor who supports the impugned order. This application is also for intervention in the writ petition by another Councillor.