JUDGEMENT
K.M.JOSEPH, J. -
(1.) Leave granted.
(2.) The appellant who was elected as a Municipal Councillor was later elected as President of the Council on 11.02.2015. On the ground that the husband of the appellant had carried out unauthorized constructions, the appellant came to be disqualified under Section 44(1)(e) of the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965 (In short "Maharashtra Municipal Council Act"). Section 44(1)(e) reads as follows:
"[(e) has constructed or construct by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act, or the Maharashtra Regional and Town Planning Act, 1966 or the rules or bye-laws framed under the said Acts; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor in, carrying out such illegal or unauthorized construction or has by written communication or physically obstructed or tried to obstruct, any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure:]"
(3.) The disqualification was done on the basis of application dated 26.09.2016 by the second respondent. Initially, the Collector by order dated 04.05.2017 found the appellant disqualified. The appeal carried by her was unsuccessful. She challenged the statutory orders in a writ petition before the High Court. The High Court by the impugned order dismissed the petition.;
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