JUDGMENT

M.M.SATHAYE, J.

1. Rule. The learned AGP waives service for Respondent Nos. 1 and 3. Adv. Mangale waives service for Resp. No. 2. Rule made returnable forthwith. The Petition is heard finally by consent of the parties.

2. By this Petition, filed under Article 226 of the Constitution of the India, the Petitioner seeks writ of Certiorari for quashing and setting aside order dated 25th November 2021 passed by the Respondent No. 3- Collector, Ratnagiri, exercising powers under Section 16(1)(1C)(b) and other enabling provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 (hereinafter referred to as “the said Act”), thereby disqualifying the Petitioner from being a member of Respondent No. 2 -Municipal Council or to be elected as such, from 22nd May 2017, for a period of 6 years.

3. The brief facts of the case, necessary for disposal of this Petition are as under:-

(a) The Petitioner contested the election from a reserved category and was elected as President of Respondent No. 2 Rajapur Municipal Council in the year 2016. The Petitioner contested the said election on the claim that he belongs to Machhimar (Daldi) community and as such a member of OBC.

The Petitioner relied upon his caste certificate for the said purpose.

(b) As per the provisions of law, Petitioner’s caste certificate was subjected to verification and the Scrutiny Committee on appreciation of material before it, invalidated the claim of the Petitioner.

(c) Being aggrieved by the invalidation, the Petitioner filed Writ Petition in this Court. This Court remitted the matter back to Scrutiny Committee for reconsideration. The scrutiny Committee in its second round too, maintained earlier decision thereby invalidating the caste claim of the Petitioner.

The Petitioner, thereafter, again filed a Writ Petition bearing No. 614 of 2018 and same was dismissed by order dated 16th January 2018.

(d) It appears that the Petitioner carried the matter to the Supreme Court by filing Special Leave Petition, however, the same was also dismissed. Having lost the caste claim upto the Supreme Court, the Petitioner resigned on 26th February 2018. As the seat of Respondent No. 2 fell vacant, the State Election Commission conducted by-election and one Shri Jamir Khalife was declared as successful candidate.

(e) In view of the fact that the Petitioner’s caste claim was found false, the necessary action for his disqualification was initiated. By the impugned order dated 25th November 2021, Respondent No. 3- Collector, Ratnagiri passed the impugned order, as above stated.

4. Heard learned Counsel Mr. Chintamani Bhangoji for the Petitioner and Mr. A.P. Patel, learned Additional Government Pleader for Respondent Nos. 1 and 3 i.e State of Maharashtra and Collector, Ratnagiri and Adv. Shashank Mangle for Respondent No. 2-Rajapur Municipal Council. Perused the record.

5. It is argued on behalf of the Petitioner that the impugned order could not have been passed by the Collector without first passing an order thereby disqualifying the Petitioner for remaining term. It is further argued that the disqualification for 6 years is different from the disqualification from the remaining term of office. Learned Counsel for the Petitioner invited our attention to the provisions of Section 16(1)(1C)(b) and Section 44 of the said Act, and argued that the opportunity available to the Petitioner to challenge the order passed under Section 44 of the said Act, cannot be taken away and directly an order disqualifying the Petitioner for 6 years can not be passed in the facts of the case.

6. Learned Counsel invited our attention to the communication dated 5th February 2020 made by Desk Officer of Respondent No. 1 to Respondent No. 3-Collector, Ratnagiri (Exh-F /page 37 of the Petition). It is argued that by the said communication, the Desk Officer had infact requested the Collector to first complete the process of cancelling membership of Petitioner by giving retrospective ef