1 wp 8325.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8325 OF 2010 1. Mrs. Sulbha W/o Bhawanidas Kulkarni and others .. Petitioners Versus 1. The State of Maharashtra and others .. Respondents Shri Joshi, Advocate h/f Shri S. B. Deshpande, Advocate for Petitioners. Shri V. D. Dighe, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 07TH JUNE, 2011. PER COURT : . The petitioners challenge the orders passed by the respondent Nos. 2 and 3 dated 31st March, 2010 and 15th April, 2010 initiating inquiry U/Sec. 55-A and 44(1)(c) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. 2. Shri Joshi, the learned counsel for petitioners submits that the said orders initiating inquiry are erroneous, bad in law. The 2 wp 8325.10 petitioners have not committed any such act of omission and commission which would make them liable for an inquiry U/Sec. 55-A or 44(1)(c) of the Act. In fact, the Municipal Council, Ambad has given consent for acquisition of the lands. No enquiry can be initiated in respect of the allegations which were made. The same is politically motivated. The learned counsel further contends that the authorities concerned have initiated proceedings to determine the disqualification of the petitioners. No such proceeding can be initiated. 3. Shri Dighe, the learned A.G.P. submits that the petition is premature petition. The inquiry can be initiated, but prior to taking any action of removal, an opportunity is required to be given. The respondents would follow the said procedure. The apprehension of the petitioners is misplaced. 4. It is seen that the inquiry is initiated long back i. e. more than a year back. The inquiry is to be conducted and if the authorities come to the conclusion about taking any action against the President or the councilors, then reasonable opportunity is required to be given. At this stage, it cannot be presumed that the authorities would not follow the procedure. If 3 wp 8325.10 the authorities fail to follow the procedure as prescribed in the statute, then the petitioners have right to agitate the said action. Only an inquiry has been initiated, it would be in fitness of things the present inquiry been conducted. The petitioners can agitate all the points raised in the petition, if any notice is issued to the petitioners pursuant to the inquiry. The writ petition accordingly is dismissed, however, with no costs. [ S. V. GANGAPURWALA, J. ] bsb/June 11