JUDGMENT :

R. D. DHANUKA, J.

1. Rule. Mr. Sakhare, learned senior counsel waives service for Respondent No. 1. Mr. Salunke waives service for Respondent No. 2 and Mr. Patel waives service for Respondent No. 3. Rule is made returnable forthwith. By consent of the parties, Writ Petition is disposed of finally.

2. By this Petition under Article 226 of the Constitution of India, Petitioner has impugned the order dated 11th April 2023 passed by Respondent No. 3-Collector thereby allowing Complaint filed by Respondent No. 2 disqualifying the Petitioner as the Municipal Councillor of the Respondent No. 1 Devgad Jamsande Nagarpanchayat. Petitioner has also prayed for quashing and setting aside order dated 31st March 2023 thereby rejecting the Application dated 28th March 2023 preferred by the Petitioner in Disqualification Application No. 3 of 2022 for cross-examination.

3. It is the case of the Petitioner that brother of the Petitioner viz. Umesh Khedekar had entered into Sale Deed in respect of land bearing Survey No. 486, Hissa No. 3/2k/5 with Sachin Bhet. Though the Sale Deed was entered in the name of Umesh Khedekar, the said land was jointly purchased by the Petitioner and his brother with intention to develop the same, according to the Petitioner, there was partition between him and his brother and accordingly the said land was allotted to the share of brother of Petitioner.

4. Sometime in the year 2020, Petitioner came to be elected as Councilor of Ward No. 7 of Respondent No. 1. It is the case of the Petitioner that on 30th June 2022, he filed online Application bearing proposal number 124551 seeking building permission in respect off the said land before Respondent No. 1 and paid all requisite fees for the purpose of the same. According to the Petitioner, all the requisite formalities were also complied with by the Petitioner. On 26th August 2022, Petitioner received e-mail from Respondent No. 1 informing him that the building permission has been approved. Petitioner thereafter received e-mail from Respondent No. 1 on 27th August 2022 informing him that the proposal for building permission had been forwarded to the higher authority for approval.

5. It is the case of the Petitioner that since there was no refusal to grant the said permission within the time prescribed under Section 189(6) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (‘the said Act’) the said permission was deemed to have been granted in favour of the Petitioner after expiry of 60 days. On 7th November 2022, Respondent No. 2 filed an Application before Respondent No. 3 alleging that the Petitioner had carried out illegal construction on the said land and sought disqualification of the Petitioner from the post of Councillor of Ward No. 7. Petitioner was called upon to remain present by Respondent No. 3 by letter dated 22nd November 2022.

6. Petitioner applied for permission to cross-examine the Complainant on 21st December 2022. Since Respondent No. 3 refused to grant permission to cross-examine the Complainant, the Petitioner filed Writ Petition in this Court. This Court passed an order on 3rd February, 2023 directing the authority to permit Petitioner to cross-examine the Complainant and to dispose of the said Disqualification Application within three months from the date of the said order. The said order was passed on 3rd February 2023 in Writ Petition No. 1300 of 2023.

7. On 28th February 2023, Respondent No. 2 submitted Affidavit in lieu of examination-in-chief. Respondent No. 2 was cross-examined on 21st March 2023. On 28th March 2023, Petitioner made an Application for cross-examination of the Chief Officer, Municipal Engineer, Bit Officer of Respondent No. 1 and two other persons. Respondent No. 2, however rejected the said Application for cross-examination. The Petitioner was thereafter disqualified by Respondent No. 2 by passing an order on 11th April 2023 which is the subject matter of the Petition along with ord