Dr. Ramprasad Madhavlal Porwal v. The Minister/State Minister And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 WRIT PETITION NO.13690 OF 2021 DR. RAMPRASAD MADHAVLAL PORWAL

VERSUS

THE MINISTER/STATE MINISTER AND OTHERS ....

Petitioner - Party-in-person Mr P. S. Patil, A.G.P. for respondent Nos.1 to 3 CORAM : RAVINDRA V. GHUGE AND SANDIPKUMAR C. MORE, JJ.

DATE : 6th June, 2022 PER COURT:

1.

The learned A.G.P. has brought to our notice that he has received a communication from the District Administration Officer (Nagarpalika Prashasakiya Vibhag), District Collector Office, Jalna, dated 06/06/2022, that the District Collector, Jalna has already communicated to the Under Secretary, Rural Development Department, Mantralaya, on 31/05/2022, to initiate disqualification proceedings against the incumbent President of the Municipal Council, Partur, who is not added as respondent in the present petition. As such, appropriate action under Section 55B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as

(2) "the 1965 Act") would be initiated in accordance with the procedure laid down in law. The copy of the said communication along with the proposal dated 31/05/2022 (4 pages) are taken on record and collectively marked as 'X' for identification. 2.

The petitioner in-person submits that, the next elections to the Municipal Council are likely to be held in August or September 2022. He, therefore, prays for a direction to the competent authority to conclude the proceedings under Section 55B of the 1965 Act, prior to the elections.

3.

The learned A.G.P. submits that the competent authority would proceed with the matter, strictly in accordance with the procedure prescribed in law. If this Court directs a particular time frame, the competent authority would endeavour to conclude the said proceedings within the said time frame.

4.

In view of the above, this petition is disposed off with a direction to respondent Nos.1 and 2 that, the proceedings to be initiated against the President, Vice President and other Municipal Counselor, who were occupying the post at the relevant time, under Section 55B of the 1965 Act, would be concluded, on or before 30/08/2022, by granting reasonable opportunity of hearing

(3) to all the contesting parties and by following the due procedure, as is laid down in law.

(SANDIPKUMAR C. MORE, J.) (RAVINDRA V. GHUGE, J.) sjk