T.V. Nalawade, J.

The petition is filed to challenge the order made by the Hon'ble Minister for Urban Development under Section 55B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as 'the Act') by which the present petitioner is disqualified from the post of both Vice-president and Municipal Councilor of Municipal Council, Osmanabad. By the same order, the petitioner is debarred from contesting the election to the said council for the period of next six years from the date of the order. Both sides are heard.

2. The petitioner was elected as Councilor in the aforesaid municipal council in the year 2006 for the term 2006-11. Respondent No. 5 who had started proceeding for disqualification had contested the election from the rival political party. On 16th June, 2006 the petitioner was elected to the post of Vice-president of the council.

3. Respondent No. 5 filed proceeding before the Collector, Osmanabad under Sections 44, 55A and 55B of the Act and he contended that by misusing his post as Councilor and Vice-president, the present petitioner had made illegal construction of his house bearing House No. 22/63 situa