JUDGMENT - KHANWILKAR A.M., J.:-The short question that arises for consideration in the present writ petitions is whether the Commissioner is competent to pass order of disqualification on his own against the Elected Councillors.

2. Briefly stated, in all these matters, the petitioners are duly Elected Councillors of the Malegaon Municipal Corporation. Respondent No. 3- Commissioner-issued show cause notice to each of them, in all 14 elected councillors on December 6, 2003. The show cause notice essentially is founded on the allegation that the respective Councillors have incurred disqualification in terms of section 10(1)(f) of the Bombay Provincial Municipal Corporations Act, 1949. The respective Councillors, petitioners herein, filed their explanation to the said show cause notice. The Commissioner was not satisfied with the explanation offered by the petitioners. However, instead of making reference of the issue as to whether the concerned elected Councillors have incurred disqualification to the Judge, as was required under section 12(1) of the Act, the Commissioner himself proceeded to pass order of disqualification on 31st March, 2004 against each of them. Those orders are su

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