1. The proceeding is filed to challenge the order made on 25-4-2015 by the Returning Officer (Sub Divisional Officer, Pachora) by which the objection filed to the nomination of respondent No.6 for the post of President of the Bhadgaon Municipal Council is rejected.

2. Ordinarily, in view of the provision of section 51(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as "the Act") appeal needs to be filed before the authority created under the Act. Learned counsel for the petitioner submits that in view of the exceptional circumstance like one petition, being Writ Petition No.4878/2015, is already filed with regard to the previous disqualification and as that circumstance needs to be used in the subsequent proceeding, present Writ Petition No.4925/2015 needs to be entertained even when appeal remedy is available. In view of these peculiar circumstances, this Court is deciding this writ petition also on merits. Other side counsels are heard.

3. It is the case of the petitioner that respondent No.6 was disqualified as councillor of Municipal Council Bhadgaon by order dated 26-7-2013 made by the learned Collector and this order was confirmed in appeal by the State Government on 24-4-2015. It is the case of the petitioner that the ground of illegal and unauthorized construction within the limits of the said local body was proved against respondent No.6 in the past and as the said construction was not yet removed, respondent No.6 was not entitled to contest the election for the term 2015-2020. It is the case of the petitioner that the previous term of 5 years was up to 14-3-2015 and it was not possible for the respondent No.6 to contest the election which took place on 19-1-2015. Here only it needs to be observed that there was stay to the order of disqualification made by the Collector and the appeal before the Hon'ble Minister came to be decided subsequently i.e. on 24-4-2015. Respondent No.7 had also filed nomination for the post of the President and so he is made party to the present petition. The petitioner was also one of the candidates.

4. Notification in the official gazette about the elected Councillors was published on 20-1-2015. Copy of notice of the first meeting of the general body for the period 2015-2020 was issued on 23-4-2015 and the meeting was called on 30-4-2015. In this meeting there was programme of election to the post of the President and subsequently the election to the post of Vice President was also to be held.

5. The period for filing nominations for the post of the President was from 24-4-2015 to 25-4-2015. Scrutiny was to be done on 25-4-2015 after 2.00 p.m. and after 2 p.m. list of eligible candidates was to be published on 25-4-2015. In view of the provisions of the Act there was remedy of appeal against the order of the Returning Officer. The date 28-4-2015 was fixed for publishing the list of eligible candidates and time to withdraw the candidature was upto 29-4-2015. Election was to take place on 30-4-2015 at 11.05 a.m.

6. The present petitioner took objection before the Returning Officer which was of the aforesaid nature. It is already observed that the appeal filed before the Hon'ble Minister in the previous disqualification proceeding was dismissed on 24-4-2015 and till that date there was stay to the order of disqualification. In any case, the previous term was to come to an end on 29-4-2015 and so the defence was taken by the respondent No.6 that he was entitled to contest the election to the post of Councillor for the next term and he was also entitled to contest the election to the post of the President in next term. The Returning Officer held that the disqualification was for the previous term 2010-2015 and said disqualification cannot operate to the new term, 2015-2020.

7. In view of nature of the grievance, relevant provisions of the Act need to be seen. For the present purpose relevant provisions are Sections 40, 41,