BHAGATRAM RAVALMAL BALANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned AGP waives service for the respondent Nos.1 and 2. Learned advocate Mr. V.B. Patil waives service for respondent No.3. Learned advocate Mr. Deshmukh holding for Mr. Sandesh Patil waives service for respondent No.4. Learned advocate Mr. Palodkar waives service for respondent No.5. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) The issue that calls for decision in this proceeding is as to whether a Divisional Commissioner has a power to take a decision as to whether an individual is a group leader of a municipal party under the provision of the Maharashtra Local Authority Members ' Disqualification Act, 1986 (hereinafter the Disqualification Act) and the Maharashtra Local Authority Members ' Disqualification Rules, 1987 (hereinafter the Disqualification Rules) framed thereunder.

(3.) The facts as are necessary for the decision of the Writ Petition may be summarized as under :