PREMLATA PARMESHWAR TOPGE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-10-209
HIGH COURT OF BOMBAY
Decided on October 14,2021

Premlata Parmeshwar Topge Appellant
VERSUS
STATE OF MAHARASHTRA Respondents




JUDGEMENT

MANGESH S.PATIL,J. - (1.)Heard. Rule. The Rule is made returnable forthwith. The learned advocates for the respondents waive service. With the consent of both the sides the matter is heard finally at the stage of admission.
(2.)The petitioner was a directly elected President of Municipal Council, Omerga. He is challenging decision of the State Government taken under Section 55(1) and 55A, 55B of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter the Act) and disqualifying her from becoming a Councillor for a period of 6 years.
(3.)On a complaint dated 27.10.2020 of some of the Councillors made to the respondent Collector, regarding various misdeeds of the petitioner, the Collector Osmanabad appointed a committee headed by Chief Officer of the Municipal Council Kallamb to enquire into the allegations, by his order dated 31.12.2020. The committee conducted an enquiry and submitted its report on 27.03.2021. In turn the Collector Osmanabad by his letter dated 3.6.2021 forwarded the report to the State Government soliciting appropriate action. The State Government served a notice to the petitioner in response to which she submitted her reply and thereupon the impugned order was passed holding her guilty of following acts which can be broadly described as under :
"[i] Misusing the powers under Section 58(2) of the Act for misappropriating amount by awarding tenders without following the prescribed procedure.

[ii] Failure to undertake technical inspection and quality check in respect of the works that were undertaken exceeding the expenditure of Rs. 10 lakh.

[iii] Inspite of resolution passed by the Municipal Council appointing two persons as law officers was cancelled by the Collector, allowed them to illegally continue to function.

[iv] Floating tenders, awarding contracts and making payments without following the Government orders."



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