JYOTI PRATAPSINGH CHADEL Vs. COLLECTOR NANDED

JUDGEMENT

(1.) The petitioners question propriety, legality and validity of order passed by respondent No.1 - Collector, Nanded dated 31-01-2015 in the case bearing No.2013/MCA/K1/T1/CR-34, invoking provisions of Section 3(1)(b) of Maharashtra Local Authorities Members Disqualification Act, 1986 (hereinafter referred to as "MLAMD Act"), whereunder petitioners have been held to be disqualified to continue as councillors for the remainder of the term of Mahur Nagar Panchayat (hereinafter, "MNP").

(2.) General elections to seventeen-members Nagar Panchayat of Mahur were held on 11-12-2011. In said elections to MNP, petitioners among others, were set up as candidates of Nationalist Congress Party (NCP). About eight candidates of NCP were declared elected as councillors of MNP on 12-12-2011. Party wise strength of seventeen-member MNP had been as under:

(3.) After hearing learned counsel for parties, it appears to be a case, wherein, post-poll alliance between NCP and Congress (I) party councillors had taken place assuming power in the MNP. In the alliance arrangement, it had been decided that for about 2.5 (2½ ) year post of president would be enjoyed by a NCP councillor and the post of vice-president would be occupied by a Congress (I) councillor. Pursuant to said arrangement, respondent No. 3 was elected as president and one Abdul Munaf s/o Shaikh Ismail was elected as vice-president of MNP, from NCP and Congress (I) parties respectively.