Satara councillor's removal case deferred till Nov 7

Mumbai, Oct 27 (UNI) The Bombay High Court today deferred till November 7 hearing of a case pertaining to the removal of a Satara Municipal Council councillor who has challenged Section 42 of the Maharashtra Municipal Council and Nagar Panchayat and Industrial Township Act 1965 under which he was sought to be removed.

Vacation judge Anoop Mohta, however, did not grant a stay on the inquiry being faced by Sanjay Sureshchandra Joshi, the petitioner.

Section 42 lays down that the State Government on its own motion or on the recommendation of the Council, may remove any councillor who has been found gulity of any ''misconduct'' in the discharge of his duties. The councillor, however, has to be heard before taking the action.

The petitioner's counsel contended that the Act has not precisely defined the terms ''misconduct'' and ''disgraceful conduct'' because of which the state, the district collector and the municipal council enjoy uncontrolled interpretive powers.

The section, he further contended, violates Article 21 of the Constitution that guarantees personal liberty. The section also violates Article 14 of the Constitution that guarantees equality before law.

The petitioner contended that as far as his knowledge, the council had passed no recommendations for his removal. Furthermore, the requirement that he be heard, is being treated as an empty formality.

UNI ARM MAZ SB HT2025