1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.193/2008 [Laxman Damodhar Tumane .vrs. State of Maharashtra and three others] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. J.B. Jaiswal, APP for the respondents/State .......... CORAM : K.J. ROHEE AND A.B. CHAUDHARI, JJ DATED : MAY 2, 2008 1. Mr. S.P. Bodalkar, Advocate holding for Mr. S.W. Sambre, Advocate for the petitioner, prays for adjournment. The prayer is rejected. 2. A perusal of the petition shows that on 7.12.2007 the citizens of Khapa town sent an application to the Collector, Nagpur complaining therein about the alleged misconduct of Shri Dipak Rai, Councillor of the Municipal Council, Khapa. The Collector, by communication dated 28.12.2007, directed the Superintendent of Police, Nagpur (Rural) to enquire into the matter and submit the report. Since no action is taken by the Superintendent of Police, 2 Nagpur (Rural), the petitioner has filed this present petition for directing the Superintendent of Police to act in accordance with the communication dated 28.12.2007. 3. Section 42 of the Maharashtra (Municipal Councils), (Nagar Panchayats and Industrial Townships) Act, 1965 provides for removal of the Councillors. Sub-Section 1 of Section 42 provides that the State Government may on its own motion or on the recommendation of the Council remove any Councillor from office if such Councillor has been guilty of any misconduct in the discharge of his duties, or of any disgraceful conduct, during his current term of office or even during his immediately preceding term of office as a Councillor. 4. It is thus clear that the power to remove Councillors vests with the State Government which can act on its own motion or on the recommendation of the Council. Thus, no such power is vested in the Collector. As such, the present petition is misconceived and it is not tenable. The same is, therefore, dismissed. JUDGE JUDGE Gulande