VITHAL DHONDIRAM TEKE Vs. SADASHIV HANMANTRAO PATIL

JUDGEMENT

(1.) . 1. These three writ petitions are directed against the order passed by the Collector of Sangli in Municipal Case No.27 of 1997 on 22nd June, 1998, whereby the three petitioners were declared to be disqualified under the Maharashtra Local Authorities Members Disqualification Act,1986, (herein after called as the Act) from being the Councillors of Vita Municipal Council. The allegation in general against them was that they had voted in the election to the President of the Council which was held on 15th December, 1997, contrary to the direction of Janata Aghadi to which they belong. The allegation against the petitioner in Writ Petition No.3274, in particular, was that he contested the Election for the post of the President against the official candidate set up by his political party in violation of the directions issued by the party to withdraw his nomination against the official candidate. So also, the allegation, in particular, against the petitioner in W.P. 3275 was that he proposed the candidature of the petitioner in W.P 3274 whereas the allegation against the petitioner in W.P. 3276 was that he voted in favour of the Petitioner in W.P. 3274, contrary to the direction issued by the political party or Aghadi, which resulted in the defeat of the official candidates, Respondent no.2 in all the petitions.

(2.) THUS , as the petitioners were disqualified by a common order, and as the same is challenged in these writ petitions, on common grounds, and heard them together, we are proposing to dispose of all the three writ petitions by this Common Judgment.

(3.) THE main argument advanced by the learned counsel appearing for the Petitioner in Writ Petition No.3274, Shri Anturkar can be summarised as follows. The learned Counsel the petitioners in the other two writ petitions, Shri More, was endorsing Shri Anturkar's contentions.