HAJI SHARAFUDDIN JAINUDIN Vs. R.L. PARDEEP

JUDGEMENT

(1.) THESE two petitions by two petitioners, who were Municipal Councillors of Amalner Municipal Council, are for challenging the legality of the order dated February 15, 1969, made by the Collector, Jalgaon whereby under provisions of Section 16(7)(i) read with Section 44(7)(a) of. the Maharashtra Municipalities Act, 1965 it was ordered that the two petitioners were disqualified from continuing to be Councillors of the above Municipal Council. The order further declared that the two seats of the above two petitioners in the Municipal Council had become vacant.

(2.) THE petitioner in Special Civil Application No. 499 of 1969 was declared elected to the Municipal Council in the elections held on June 3, 1967. The petitioner in Special Civil Application No. 500 of 1969 became Councillor on August 17, 1967, by co -option,

(3.) THOUGH an election petition for declaration that by reason of the above surety bond these two petitioners were disqualified was not filed under the provisions of Section 21 of the Maharashtra Municipalities Act, 1965, applications were separately filed before the Collector in respect of each of the petitioners that as the petitioners had stood surety for Shaikh Tayyab Shaikh Hussein, the Head Master of the school of Amalner Municipality, they were not qualified to act as Councillors and an enquiry should be made in that connection.