Petitioner has tendered an application seeking amendment to the petition being Civil Application No.3115/09. The petitioner by this application wants to bring on record certain developments those have occurred after presentation of the petition. Heard learned counsel for the petitioner and respective respondents. Application seeking amendment is allowed. Petitioner shall carry out amendment forthwith.

2. This court on 17-3-2009 while issuing notice made it clear that the petition is likely to be disposed of finally at the stage of admission. The matter as such was adjourned to 24-3-2009.

3. Rule. Rule made returnable forthwith. With the consent of the parties, the matter is taken up for final disposal at admission stage.

4. Petitioner herein is challenging

the order passed by the State Government under section 55-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 in respect of his removal from the post of the President from the date of passing of the order. It has also been directed in the order passed by the State Government that the petitioner shall be disqualified to contest election for further period of six years from the date of passing of the order.

5. Some of the uncontroverted facts are thus:-

Petitioner has been allotted plot admeasuring 15 ft. X 40 ft. on lease basis by the Municipal Council, Osmanabad for a period of II months since 19-7-1976. Further lease was created in respect of an area admeasuring 15 ft. X 15 ft. adjoining the area which was already allotted for a period of 11 months by virtue of lease deed executed between the petitioner and the Municipal Council on 10-12-1987. The duration of the lease for additional area was also for the period of 11 months. On the date of passing of the order, the petitioner was possessed of the area allotted to him in pursuant to the lease agreement executed by the Municipal Council. It is also undisputed that Regular Civil Suit No.131181 was presented by the Municipal Council seeking eviction of the petitioner. Said suit came to be decreed by the Civil Judge, Jr. Dn., Osmanabad on 23-3-1984. Petitioner presented an appeal raising exception to the decree passed by the trial court being Regular Civil Appeal No.89/84 which was admitted before the District Court and the interim order of stay of execution of decree was also passed. Stay order granted in favour of petitioner in appeal was operative till withdrawal of the appeal by the petitioner herein on 29-3-1994. It also transpires from record that in pending appeal, an application was tendered by the petitioner herein seeking leave to withdraw the appeal on the ground that there is settlement arrived at between the Municipal Council and him out of court. The first appellate court before passing the order called the Municipal Council to submit say. On behalf of the Municipal Council it was endorsed on the application that the Council has no objection for withdrawal. Accordingly, appeal was permitted to be withdrawn. It is also a matter of record that the Municipal Council had presented Darkhast for seeking execution of the decree which came to be dismissed for non-prosecution on 6-12-1999. The petitioner sought permission for erection of temporary construction and the Municipal Council in view of order passed on 15-12-1987 permitted the petitioner to raise temporary construction on a plot admeasuring 15 ft. X 15 ft. In the General Body Meeting convened on 17 -101987 the Municipal Council adopted a resolution bearing No. 124 wherein it has been resolved by the Municipal Council to withdraw the pending cases presented against five tenants. The name of the petitioner is also mentioned in the resolution, which is evident from the extract placed on record at Exh.37. It is also not a matter of dispute that the petitioner for the first time contested election from ward no.3 and got elected as a Council for of Municipal Council, Osmanabad in the year 2001. After completion of term