JUDGMENT

Sunil P. Deshmukh, J. - Rule. Rule made returnable forthwith. Heard learned counsel for appearing parties finally by consent.

2. Petitioners had initially sought writ of certiorari and/ or orders or directions or appropriate writ quashing show cause notices dated 28-03-2018 annexed to writ petition as Exhibit ''''A'''' collectively. Subsequently, writ petition had been amended and similar writ had also been sought quashing order dated 18-05-2018 passed by Honourable State Minister-the authority, Urban Development Department, Mantralaya, Mumbai, annexed to writ petition as Exhibit ''''S''''.

3. Show cause notices dated 28-03-2018 had been issued to petitioners no. 1 to 8 pursuant to section 42 and to petitioner no. 9 pursuant to sections 55A and 55B of the Maharashtra Municipal Council, Nagar Panchayat and Municipal Township Act, 1965 (hereinafter referred to as ''''The MC Act'''') seeking their explanation as to why they should not be disqualified from being councillors for a period of five years pursuant to section 42 and from being vice president for six years pursuant to sections 55A and 55B of the MC Act, as Mr. Ganesh Laxman Waghmare has complained of disgraceful acts and misconduct against them, stating that on 27- 07-2017 (27-06-2017) garbage and sewage had been thrown in president''s cabin, ante-chamber, on table and chairs. Slogans had been given by them against the president; employees of municipal council had been threatened by petitioners by interfering with discharge of their public/official duty and as such, charge-sheet accordingly has been filed against them under sections 143, 353, 341, 269 and 270 of Indian Penal Code and under section 3 of the Prevention of Damage to Public Property Act, 1984; they were arrested on 27-06-2017 and the matter is sub-judice before the Chief Judicial Magistrate, Beed; the district collector has given a report finding substance suggesting action.

It was, thus, considered, prima facie, petitioners appear to be responsible and their acts appear to be unbecoming of posts of councillor and vice president of the municipal council and why should they be not disqualified for serious misconduct taking into account aforesaid aspects.

They were directed to submit their reply to the notice within a period of fifteen days from the date of receipt of notice, warning that failure to submit reply within stipulated period would be deemed to consider that petitioners do not have any explanation to offer and appropriate action would be taken. Show cause notice refers to that a copy of report of collector had been enclosed.

4. Petitioners upon receipt of aforesaid notice have filed present writ petition seeking writ of certiorari as referred to above, contending that election to the post of president of the municipal council, Beed had taken place in 2016 and that Mr Bharatbhushan Kshirsagar had been president of municipal council, Beed for over 30 years. Him being from National Congress Party, was interested to have vice president elected from his own party. He had defaulted holding general body meeting on scheduled date requiring direction to collector under writ petition bearing no. 404 of 2017 preferred by petitioner no. 1 before this court, wherein there had been a direction on 12-01-2017 to the collector to hold meeting for the purpose of election of vice president and accordingly in the meeting so held, petitioner no.9 had been elected as vice president.

5. It is contended, since beginning, petitioners had been sensing that the president had been ill-administrating the municipal council giving rise to numerous complaints against him. The president is under statutory obligations to carry out several functions including holding of meetings and him being defaulting on the same, gave rise to complaints against him.

6. Petitioners claim, for there being complaints against president, he also had been entertaining grudge against them and vice president having been elected from outside his pa