UDAY AMBADASJAGDALE Vs. NIRANJAN DEVIDAS RATOD AND ANOTHER

JUDGEMENT

(1.) In all these matters, the petitioners are identically placed and are aggrieved by the identical order passed by the District Collector, Osmanabad dated 21/09/2018 by which the applications filed by them raising preliminary objections to the maintainability of the election petitions under Rule 6 of the Maharashtra Local Authority Member Disqualification Rules, 1987, have been rejected.

(2.) By the consent of the parties, all these matters are heard together. The learned AGP has rendered assistance by keeping the original record available for the perusal of this Court.

(3.) All these petitioners and respondent No.1 are elected councilors of the Naldurg Municipal Council. Respondent No.1 instituted disqualification proceedings against these petitioners under the Maharashtra Local Authorities Members Disqualification Act and the Rules framed thereunder. It is alleged that a Whip (command) by the District President of the Nationalist Congress Party directing these petitioners to vote in favour of a candidate in the election of the Vice President, was said to have not being followed by these petitioners. A host of factors were canvassed by the learned Advocates for the petitioners on this count, which I am not required to advert to since the main proceedings are pending before the District Collector.