The seriousness of the charge proved against the petitioner does not permit him to continue in the office of President of Partur Municipal Council, justifying his removal under section 55-A read with 55-B and 58(1)(b) of the Maharashtra Municipalities Act.

JUDGMENT - B.H. MARLAPALLE, J.:---Heard Shri Pravin Shah, learned Counsel for the petitioner, Shri Sawant, learned Government Pleader for respondent Nos. 1 to 3 and Shri Salunke, learned Counsel for respondent Nos. 4 to 6.

2. Rule. Respondents waive service. Rule made returnable forthwith, by consent of the parties.

3. The petitioner has brought in question the order dated 29th November, 2000 passed under section 55-A read with section 55-B(b) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Maharashtra Municipalities Act, for short), passed by respondent No. 3 and communicated to the petitioner vide covering letter dated 5th of December, 2000. By the said order, the petitioner has been removed from the post of President of Municipal Council, Partur, District Jalna and he has been further disqualified for a period of six years for being elected as a Councillor from the date of the order. In our order dated 13th of December, 2000 we had also noted that pursuant to the impugned order the Collector, Jalna has passed an order directing the Tahsildar, Jalna to take over the charge of the post of President of Municipal Council, Partur as per the provisions of section 57(2) of the Maharashtra Municipalities Act and we had granted status quo, as on 7th December, 2000, to be maintained in respect of post of President. Prior to the impugned order being passed, show cause notice dated 9th June, 2000 was issued to the petitioner which he replied on 12th of July, 2000, which was received at Mantralaya, Mumbai on 14th July, 2000

4. The Partur Municipal Council has in all 17 wards and during the earlier tenure from 1990-1995 the petitioner held the post of President of the Municipal Council. Fresh elections were announced and were held on 1st December, 1996. The petitioner had formed an Aghadi (front/panel) under his leadership and the said Aghadi contested all the 17 seats of the Municipal Council. The Aghadi was successful with a thumping majority of 14 seats which included the petitioner as well as his wife Smt. Vimaladevi Jethalia. Shri Shamsingh Thakur came to be elected as the Presidenet on 17th December, 1996 and the said post was reserved at that time. It appears that subsequently Shri Thakur proceeded on leave and Smt. Vimaladevi Jethalia, the then Vice-President took over the reins of Presidentship from 2nd July, 1997 to 5th November, 1997. The fresh elections to the post of President were held on 17th December, 1997 and the petitioner was elected for the said post. It appears that the present respondent Nos. 4 to 6, alongwith other Councillors, had submitted a written representation to the Minister of State for Urban Development on 1st September, 1999, 19th November, 1999 and 1st December, 1999. Respondent Nos. 4 to 6 were the Councillors in the earlier tenure and respondent No. 6 is Councillor even in the present tenure. These complaints ultimately culminated in the show cause notice dated 9th June, 2000 against the petitioner. There were in all three charges levelled against the petitioner and they are, in brief, as under :

(i) M/s. Shri Gajanan Cotton Pressing Factory belonging to the family of the petitioner, was favoured by charging less betterment charges, development cess and octroi. It is clarified that by way of betterment charges and development cess the said factory was liable to pay an amount of Rs. 1,09,675/- and as against that only an amount of Rs. 10,806/- was charged and collected, thereby causing a loss of Rs. 98,869/- to the Municipal Council and with interest at the rate of 18% per annum amounting to Rs. 35,592/- the total loss to the Municipal Council on that count came to Rs. 1,34,461/-. This amounted to the breach of the provisions of section 58(1)(b) of the Maharashtra Municipalities Act.

(ii) M/s. Shri Gajanan Cotton Pressing Factory had imported a machinery worth Rs. 25.99 lakhs and it was liable to pay octroi at the rate of 3% which amount would have come to Rs.

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