A.D.MANE, S.G.MUTALIK
Baburao Vishvanath Mathpati – Appellant
Versus
State of Maharashtra, through the Secretary to Development Department, and others – Respondent
A. D. MANE, J.:---The petitioner challenges the validity of the order dated 29-7-1994 made by the Minister of State for Urban Development, Government of Maharashtra, exercising the powers of the State Government under section 55-A of the Maharashtra Municipal Councils Act, 1965 (for short, the Act).
2. The petitioner was elected as President of the Parbhani Municipal Council on 17-12-1991 for a period of five years defeating his opponent - respondent No. 4 herein, namely, Shri Suresh Deshmukh who is also petitioner in companion Writ Petition No. 3329/1994. The candidature of the petitioner was supported by the opposition parties who defeated the official Congress I nominee-the respondent No. 4.
3. At the out-set it is relevant to state few facts which are either admitted or not serious disputed as averred in the pleadings.
Since January, 1993 attempts appeared to have been made to dislodge the petitioner from the office of the President. Two no-confidence motions were moved on 15-1-1993 and 5-6-1993 respectively at the behest of the respondent No. 4 but those motions stood lapsed for want of quoram. Further attempt was also made by the respondent No. 4 with active assistance
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