CHANDRAKANT ALIAS GAJANANRAO PISE Vs. COLLECTOR NAGPUR

JUDGEMENT

(1.) The petitioners - the elected Councilors of Respondent No. 2 Municipal Council, Saoner, challenge the order dated 7/9/2009 passed by the Respondent No.1 Collector, Nagpur in Petition No. 4/2009 under Rule 6 of the Maharashtra Local Authority Members Disqualification Rules, 1987 (1987 Rules hereafter) in this writ petition under Article 226 & 227 of the Constitution of India. These 1987 Rules are framed under the Maharashtra Local Authority Members Disqualification Act, 1987 (1987 Act hereafter). It is not in dispute that Respondent No.2 is local authority constituted under Maharashtra Municipalities, Nagar Panchayats & Industrial Townships Act, 1965.

(2.) Respondents No. 3 & 4 before this Court filed a reference application viz. petition under Rule 6 of 1987 Rules for declaration that the present Petitioners are disqualified under Section 3 of 1987 Act and can not continue as Councilors of Respondent No. 2 Municipal Council. Petitioners filed an application under Rule 7 (2) of the 1987 Rules contending that the application as filed did not fulfill requirements of Rule 6 & 7 thereof. By order dated 7/9/2009 the Respondent No. 2 Collector rejected it. Collector found that application as also the documents/ annexures were signed by the applicants and it had proper solemn affirmation of applicant No. 1. Thus there was substantial compliance with Rule 6(4) and it was duly verified by him i.e. Collector and found it to be in accordance with Rule 7(1) of 1987 Rules. Collector therefore rejected that application of Petitioners and directed matter to be considered on merits.

(3.) I have heard Advocate M.I. Dhatrak for Petitioners, Advocate A.S. Chandurkar for Respondents No. 3 & 4 and learned AGP for Respondent No. 1. Nobody has appeared for Respondent No. 2 Council. Looking to the nature of controversy, Rule is made returnable forthwith and matter is heard finally by consent.