Judgment

B.P. JEEVAN REDDY, J.

(1) LEAVE granted. Heard counsel for the parties.

(2) THE appellant was elected as a councillor of the Khopoli Municipal council in December 1991. The contesting respondent Shri Sable was also elected as a councillor. On account of a vacancy occurring in the office of the President of Municipality, an election was held to that office wherein the appellant was elected as the President. Prior to becoming the President, the appellant was the Chairman of a Committee in charge of awarding contracts. On the basis of certain complaints pertaining to the period he was the Chairman of the said Committee, a notice was issued to the appellant by the Collector calling upon him to show cause why he should not be removed from the office of the councillor under Section 44 of the Maharashtra Municipal Corporation Act, 1965. The appellant showed cause, whereafter the Collector removed him from the office of the councillor by his order dated 4/10/1994. The operative portion of the order reads:

"THEREFORE, I, G.T. Bandri, Collector, Raigad-Alibag, hereby, am disqualifying Shri Baby Samuel, present Chairman Khopoli Municipal council, as me