UMESH DEORAO PAWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by the consent of parties.

(2.) The petitioner was elected as a councillor of Nanded Waghala City Muncipal Corporation in the year 2012. Validity of his election was questioned by way of Election Petition u/s 16 of Maharashtra Muncipal Corporation Act, 1949 (for short 'the Act'). The Civil Court set aside the election of the petitioner on the ground u/s 10 (1)(i) of the Act, for having more than two children. The said order setting aside election of the petitioner was confirmed upto Hon'ble Apex Court. The petitioner again contested the General Elections held in the year 2017. Objection to his nomination on the ground of having more than two children, came to be rejected by the Returnig Officer. The rejection of objection to nomination remained unchallenged. The petitioner once again got elected as a councillor. This time no Election Petition was filed by any defeated candidate or by any voter. However, the Muncipal Commissioner on his own motion disqualified him, vide order Dt. 24.8.2019, exercising powers u/s 12 of the Act, on the same ground u/s 10 (1)(i) of the Act. By the present petition petitioner is calling in question the legality and propriety of the said order Dt. 24.8.2019, on the ground of jurisdiction and applicability of section 11(a) of the Act to his case.

(3.) Heard learned senior advocate Mr. R.N. Dhorde, assisted by learned Advocate Mr. V.R. Dhorde for petitioner, the learned AGP Mr P.S. Patil for State, the learned counsel Mr Narwadkar for respondent no. 2-Muncipal commmissioner and learned counsel Mr S.M. Kulkarni and Mr Boinwad for intervenor.