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Sanjay Baban Parve v/s The State of Maharashtra, through its Secretary, Department of Urban Development & Others

    Writ Petition No. 3102 of 2018

    Decided On, 12 July 2018

    At, In the High Court of Bombay at Nagpur


    For the Petitioner: Alok Daga, Advocate. For the Respondents: R1 & R2, S.M. Ukey, Additional Government Pleader, R3, N.R. Saboo, Advocate.

Judgment Text

Oral Judgment:

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Heard finally by consent.

4. The petition challenges the order dated 6.2.2018 passed by the Collector, Buldhana disqualifying the petitioner, an elected Councillor of Municipal Council, Jalgaon Jamod on the ground of his misconduct under Section 44(1)(e) read with Section 44(3) of the Maharashtra Village Panchayat Act (for short, 'Village Panchayat Act'). This order was confirmed by the Hon'ble Minister when the Hon'ble Minister dismissed the revision application filed by the petitioner challenging the order of the Collector. The revision application was dismissed by the Hon'ble Minister on 5th May, 2018. Now, being aggrieved by these two orders, petitioner is before this Court in the present petition.

5. It is seen from the record of the case that the petitioner, an elected Councillor of Municipal Council, Jalgaon Jamod, had been to the spot of incident situated at a place near Rajiv Gandhi bypass road, Jalgaon Jamod on 1st June, 2017. At the spot of incident, the Chief Officer of Municipal Council and the staff members were already present and they were in the midst of removing encroachments made by various persons at that place. After reaching the spot of incident, it has been alleged, the petitioner started hurling abuses at the Chief Officer and hearing use of such abusive language by the petitioner against the Chief Officer, the encroachers came near the Chief Officer and all of them encircled (gherao) him and indulged in giving abuses to the Chief Officer. Such conduct of the petitioner and also what followed in consequence thereof made the Chief Officer and the staff members apprehensive of their own safety. The Chief Officer, therefore, filed a complaint against th

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