Advocates:
['PATIL LAXMIKANT C', 'COPY SERVED ON GP', '', 'CAVEAT FILED BY ADV PATIL N P JAMALPURKAR', 'JADHAVAR KIRAN B', 'R', 'TO SERVED', 'GP']

WP_375316.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 3753 OF 2016

Kewalbai Dattu Aurade

..PETITIONER

VERSUS

State of Maharashtra and Others

..RESPONDENTS

....

Mr. Amit Mukhedkar, Advocate h/f Mr. L.C. Patil, Advocate for petitioner.

Mr. S.N. Kendre, A.G.P. for Respondent Nos.1 to 3.

Mr. K.B. Jadhavar, Advocate for Respondent No.4.

Mr. N.P. Patil Jamalpurkar, Advocate for Respondent No.5.

....

CORAM : T.V. NALAWADE, J.

DATED : 20^th OCTOBER, 2016

ORDER :

1.

The petition is filed against the order made by Hon'ble Minister,

Urban Development, Maharashtra State under Section 55B of the

Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships Act, 1965. The petitioner is disqualified to hold the post of

President of Municipal Council from the date of the order and she is

disqualified for further period of six years for being elected to the post of

Councilor. Both sides are heard.

2.

The petitioner was elected in the general elections of the

Municipal Council, Omerga for the term 2011-16. She was elected to the

1 / 11

WP_375316.odt

post of President on 17^th April, 2014. This post was reserved for woman

(General). Respondent No.5 – Abdul Razzak and three other members of

this local body made a complaint to the Hon'ble Minister and requested to

take action like disqualification against the petitioner as she had not held

general body meeting for more than 10 months. In support of this

contention, the record like copy of minutes of meetings dated 24^th August,

2014 and 18^th June, 2015 were produced to show that for about ten months

no general body meeting was convened by the present petitioner. The

Councilors had already approached the Chief Officer with the said grievance

but no action was taken against the present petitioner and so they had filed

proceeding before the Hon'ble Minister. They contended that due to the

approach of the President, many matter of public interest remained

unattended and development activities were haulted. It was also contended

that even when fifteen members of the local body had given requisition to

call special meeting, such meeting was also not called by the petitioner.

3.

The disqualification proceeding was started under Section 55A

and 55B of the aforesaid Act. Show cause notice was issued to the petitioner

and it was served on her on 30^th November, 2015. In the meantime, the

State Government had given direction to the Divisional Commissioner who

happens to be the Regional Director for administration of municipal council

2 / 11

WP_375316.odt

to make enquiry and report about the irregularities. The Divisional

Commissioner made enquiry through Collector and reported that there was

non compliance of the provision of Section 81(1) of the Act and it was

necessary to take action against the President as provided under Section 55A

and 55B of the Act.

4.

The petitioner appeared before the Hon'ble Minister but she

sought many adjournments by giving lame excuses. As no reply was filed

before the date fixed, the matter was fixed for hearing on 31^st December,

2015. On that date the petitioner remained present through advocate but

she requested for adjournment. In view of the conduct of the petitioner, no

further adjournment was given and the matter came to be decided on 05^th

January, 2016 and petitioner was disqualified.

5.

The petitioner filed Writ Petition No. 4131 of 2016 in this Court

to challenge the decision of Hon'ble Minister. By the order dated 14^th March,

2016, this Court ( other Hon'ble Judge ) allowed the petition. The order

made by Hon'ble Minister was set aside by this Court and time of four weeks

was fixed for deciding the disqualification proceeding. Thus opportunity was

given to the petitioner to contest the proceeding by filing say. Due to the

order made by this Court, the result of election to