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2013 Supreme(Bom) 2470

A.P.BHANGALE
Rajendra Narayanji Narnaware – Appellant
Versus
Regional Director, Municipal Administration – Respondent


Advocates appeared:
For the Petitioners:Rohit Deo, Advocate.
For the Respondents:R1 & R2, S.M. Bhagde, A.G.P., R3, M.I. Dhatrak, R5, Sunil Manohar, Sr. Counsel with S.W. Sambre, R6, J.B. Kasat, Advocates.

Judgment

1. Rule made returnable forthwith. Heard submissions advanced by the learned Counsel for the respective parties.

2. The petitioners herein have filed this petition under Articles 226 and 227 of the Constitution of India impugning the order dated 28.10.2013 passed by respondent no.1 in Appeal No.2/2012-13.

3. The question that is raised is as to whether the petitioners as Councilors of Municipal Administration, Municipal Council, Saoner would incur disqualification for their absence from the meetings of the Municipal Council.

4. The facts, briefly stated, are as under:-

There was a special meeting of Municipal Council on 15.2.2012 which was attended by the petitioners. The next meeting was scheduled on 12.4.2012, which was cancelled. The another meeting of the Municipal Council was on 14.6.2012, during which the petitioners remained absent without seeking or obtaining any leave for their absence. The learned Counsel for the petitioners submitted that from 14.6.2012 it was essential for the Municipal Councilors to attend the meeting of the Council or atleast to seek leave for their absence to justify their absence. A meeting of the Municipal Council was thereafter also held on 29








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