The New Pratod, Mr. Ganesh Pawar of NCP, i.e., the respondent No.
This Court has also companysidered the documents forming part of the appeals and different affidavits filed by the parties.
On December 21, 2009, Mr. Yashawant Dal resigned from the post of Pratod Gatneta of NCP.
The Pratod Gatneta of NCP, Mr. Yashawant Baburao Dal with his signature submitted the information in Form I as per Rule 3 1 a of Maharashtra Local Authority Members Disqualification Rules, 1987 The Rules, for short to District Collector stating the names and addresses of 9 companyncillors of NCP.
The appellants filed an application on January 12, 2010 raising preliminary objection stating that there was number compliance of Rule 6 4 and 6 3 of the Rules and prayed to dismiss the disqualification petition.
The High Court by the impugned judgment dated February 4, 2010 has dismissed those petitions giving rise to the present appeals.
The Additional Collector, Pune granted the permission as prayed for.
A to Exh.
The Disqualification Petition was listed for the first time on January 4, 2010 when by way of oral argument the appellants raised preliminary objection regarding number compliance with Rule 6 3 and Rule 6 4 of the Rules and prayed to dismiss the said petition in limine.
The same was accepted and Mr. Ganesh Pawar was appointed as Pratod.
The result of the election was declared on June 23, 2008 and the same was published in Maharashtra Government Gazette on June 27, 2008.
Thereafter, the six appellants who had left NCP had formed the Sanghathana and Mrs. Jayshree Rajkumar Shinde was appointed as Pratod of the said Sanghathana.
The facts emerging from the record of the case are as under The general elections for the Bhor Municipal Council, District Pune, which companysists of 17 companyncillors, were held on June 22, 2008.
The election of President and Vice President of Bhor Municipal Council took place on July 19, 2008.
Again the Disqualification Petition was listed before the Additional Collector, Pune on January 8, 2010 when both Mr. Ganesh Pawar and Mr. Suresh Ghule were absent and therefore the matter was adjourned to January 12, 2010.
On December 29, 2009, 6 companyncillors of the Sanghathana and 8 companyncillors of Congress I submitted requisition to the Collector for No Confidence Motion against President Mr. Vittal Shinde.
Congress I 8 Councillors Kailas Shankar Dhawale Suvarna Mohan Shinde Sachin Ashok Harnaskar Truptee Jagadeesh Kirve Tanaji Sadu Taru Gajanan Kisan Danawale Sanjay Dattartraya Jagtap Shankar Baban Pawar Independent 1 Councillor Vittal Lahu Ramchandra Shinde The said independent candidate joined NCP immediately on June 27, 2008.
Each of the 6 companyncillors also submitted Form III as per Rule 4 1 of the Rules.
On January 11, 2010, Notice for framing of charge i.e. substance of imputation of disqualification with articles of charges was issued by the Additional Collector and hearing was fixed on January 22, 2010.
The Pratod Gatneta also submitted Form I as per Rule 3 1 a of the Rules.
The result of the election was as under NCP 8 Councillors Yashawant Baburao Dal Petitioner in SLP C No.7479/2010.
971 of 2010 by which the order dated January 21, 2010 passed by the Additional Collector, Pune holding that the petitioner in each case is disqualified to be a Member of Bhor Municipal Council, Taluka Bhor, District Pune, is upheld.
964 of 2006 to 968 of 2006 and Writ Petition No.
Mr. Yashawant Baburao Dal was appointed as Pratod Gatneta of NCP on June 27, 2008.
On December 22, 2009, following 6 NCP companyncillors left NCP and formed Bhor Shahar Vikas Swabhimani Sanghathana the Sanghathana for short Yashawant Baburao Dal Rajshree Anil Sagle Vijaya Ananta Ulhalakar Kedar Shashikant Deshpande Jayshree Rajkumar Shinde Dattatraya Ramchandra Palakar It may be mentioned that Mrs. Jayshree Rajkumar Shinde was appointed as a Party Pratod of the said Sanghathana.
The said meeting was held in which No Confidence Motion with 143 votes was passed for removal of President Mr. Vittal Shinde.
This Court has heard the learned companynsel for the parties at length and in great detail.
The companytents of the petition were verified before Notary only and an affidavit in support of the petition as per the requirements under CPC was number filed.
On December 23, 2009 the Pratod Gatneta of Sanghathana, Mrs. Jayshree Shinde gave a letter to the District Collector informing the Collector that the Sanghathana was formed.
Feeling aggrieved Writ Petition Nos.
5 herein Mr. Suresh Ghule filed Disqualification Petition number25/2009 against 6 companyncillors who had formed the Sanghathana, for a declaration that they had defected from NCP and had incurred disqualification under Section 3 1 a of Maharashtra Local Authority Members Disqualification Act, 1986 The Act, for Short .
The Additional Collector Pune passed final order dated January 21, 2010 in Disqualification Petition No.25 of 2009 and disqualified the appellants, retrospectively with effect from January 23, 2010 as companyncillors of the Sanghathana.
The respondents filed an affidavit in reply in the said Disqualification Petition on January 19, 2010.
On December 30, 2009 the Collector issued the agenda for the meeting to be held on January 6, 2010.
4 herein and the President of NCP Pune District, i.e., the respondent No.
These appeals are directed against companymon judgment dated February 4, 2010 rendered by the Division Bench of High Court of Judicature at Bombay in Writ Petition Nos.
M. Panchal, J. Leave granted in each petition.
964 of 2006 to 968 of 2006 and 971 of 2010 were filed by the appellants before the High Court challenging the aforesaid order.
However, on the same day after the departure of Mrs. Jayshree Shinde and Advocate for the appellants Mr. D.S. Patil, the advocate for the respondents gave an application at about 1.35 M. seeking permission to verify the documents filed along with the Petition i.e. Exh.
An affidavit sworn by Mr. Yashawant Dal before Notary on December 21, 2009 was also submitted to the District Collector informing the Collector about the formation of the Sanghathana.
With a 98 majority, the NCP candidate Mr. Vittal Shinde was elected as President whereas Mr. Ganesh Pawar was elected as Vice President of the Bhor Municipal Council.
It is the case of the appellants themselves that six companyncillors of the Sanghathana and eight companyncillors of Congress I had submitted a requisition dated December 29, 2009 for moving numberconfidence motion against the President Mr. Vittal Shinde.
The appellants claim that before granting the permission to the respondents to verify the documents filed along with the petition, numbernotice was given to the appellants and without hearing the appellants, the respondents were permitted to verify the documents which was illegal.
All the 9 companyncillors of NCP also submitted the information in Form III as per Rule 4 1 of the Rules.
The grievance of the appellants is that the said application was never decided till the disposal of the main petition.
