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2021 Supreme(Bom) 1354

MANGESH S.PATIL
Premlata Parmeshwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V.D. Sapkal, Senior Advocate i/b L.C. Patil, Advocate and S.S. Gangakhedkar, Advocate, for the Appellant / D.R. Kale, Government Pleader, N.P. Patil Jamalpurkar, P.D. Bachate, Advocates and V.D. Sapkal, Senior Advocate i/b L.C. Patil, Advocate, for the Respondents

JUDGMENT

Mangesh S. Patil, J. - Heard. Rule. The Rule is made returnable forthwith. The learned advocates for the respondents waive service. With the consent of both the sides the matter is heard finally at the stage of admission.

2. The petitioner was a directly elected President of Municipal Council, Omerga. He is challenging decision of the State Government taken under Section 55(1) and 55A, 55B of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter the Act) and disqualifying her from becoming a Councillor for a period of 6 years.

3. On a complaint dated 27.10.2020 of some of the Councillors made to the respondent Collector, regarding various misdeeds of the petitioner, the Collector Osmanabad appointed a committee headed by Chief Officer of the Municipal Council Kallamb to enquire into the allegations, by his order dated 31.12.2020. The committee conducted an enquiry and submitted its report on 27.03.2021. In turn the Collector Osmanabad by his letter dated 3.6.2021 forwarded the report to the State Government soliciting appropriate action. The State Government served a notice to the petitioner in response to which she submitted her

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