DEEPAK SHAKARLAL JAISWAL Vs. STATE OF MAHARAST

JUDGEMENT

(1.) Rule. By consent made returnable forthwith.

(2.) Heard learned Advocate Shri P.C. Madkholkar for the petitioners, learned Additional Government Pleader Mrs. Bharati Dangre, for respondents No.1 to 3, learned Advocate Shri A.S.Kilor for respondents No.4, 5 and 6 and learned Advocate Shri R.K. Deshpande for respondents No.7 and 8.

(3.) The petitioners, Municipal Councilors of Municipal Council, Chandrapur had contested election for the post of President and Vice President respectively, were defeated at the election meeting dated 18.12.2006 convened by the Collector and chaired by the Collector's nominee. The petitioners assailed election on the ground that they had contested election as nominees of Shivsena-B.J.P. alliance. Shivsena had issued whip directing its councilors to vote for the petitioners. Respondents No.4, 5 and 6 had been elected to the Municipal Council as candidates belonging to Shiv Sena. They, however, defied the whip and also are disqualified to continue as municipal councilors in terms of the Maharashtra Local Authority Members' Disqualification Act, 1986. According to the petitioners, since the Collector through his nominee was chairing the meeting, and was aware that respondents No.4 to 6 had defied the whip, there was no further necessity of issuing any notice to respondents No.4 to 6, or giving them hearing in the matter of disqualification. After waiting for fifteen days to ascertain whether defiance of respondents No.4 to 6 was condoned, on 16.01.2007 the Collector was obliged to disqualify the respondents in view of the provisions of Maharashtra Local Authority Members' Disqualification Act, 1986.