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2016 Supreme(Bom) 1960

S.B.SHUKRE
Rahul S/o Virendra Deshmukh – Appellant
Versus
State of Maharashtra through its Secretary, Urban Development Department – Respondent


Advocates Appeared:
For the Petitioners: Shri Sunil Manohar, Shri Rahul V. Deshmukh and Shri Rohit Joshi.
For the Respondents: Shri A.S. Kilor and Shri A.J. Gilda.
For the Intervenors : Shri M.P. Khajanchi.

JUDGMENT :

S.B. Shukre, J.

1. By this petition, the petitioners have challenged the legality and correctness of the order dated 20.2.2016 passed by the respondent no. 2, the Hon'ble Minister, thereby disqualifying the petitioners under the provisions of Sections 55B and 42 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the Act, 1965).

2. The petitioners, when the impugned order was passed, were or had been the part of the Municipal Council, Katol, in such capacities as petitioner no. 1 being the President; petitioner no. 2 being the Ex President and the Councillor and petitioner nos. 3 to 10 being the councillors and petitioner no. 10 being a co-opted councillor. They were disqualified by respondent no. 2 for the reason that they were found to have indulged in misconduct and disgraceful conduct. The alleged controversial conduct of the petitioners related to the allotment of some minor works to one contractor, Shri Bambal.

3. Some councillors belonging to the opposition parties filed a complaint before the respondent no. 2 alleging that the petitioners committed illegality in allotting the work to said Shri Bambal

































































































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