Section 7 in The Maharashtra Local Authority Members Disqualification Rules, 1987
7. Procedure.
(1)On receipt of a petition under rule 6, the Commissioner or, as the case may be, Collector shall consider whether the petition complies with the requirements laid down in that rule.(2)If the petition does not comply with the requirements of rule 6, the Commissioner or, as the case may be, Collector shall dismiss the petition and intimate the petitioner accordingly.(3)If the petition complies with the requirements of rule 6, the Commissioner or, as the case may be, Collector shall forward copies of the petition and of the annexures thereto -(a)to the councillor in relation to a municipal party and a Zilla Parishad party and member in relation to a Panchayat Samiti party, in respect of whom the petition has been made, and(b)where such councillor in relation to a municipal party and a Zilla Parishad party or member in relation to a Panchayat Samiti party belongs to any political party or aghadi or front and such petition has not been made by the leader thereof, also to such leader; and such councillor, member or leader shall, within seven days of the receipt of such copies, or within such further period as the Commissioner or, as the case may be. Collector may for sufficient reason allow, forward his comments in writing thereon to the Commissioner or, as the case may be. Collector.(4)After considering the comments, if any, in relation to the petition received under sub-rule (3) within the period allowed (including the extended period), the Commissioner or, as the case may be, Collector shall proceed to determine the question after making a preliminary enquiry.(5)[ The procedure which shall be followed by the Commissioner or, as the case may be. Collector for the purpose of making a preliminary enquiry to determine any question under sub-rule (4) shall be as prescribed in sub-rules (6) to (15).(6)The Commissioner or, as the case may be, Collector shall draw up or cause to be drawn up,-(i)the substance of the imputations of disqualification into definite and distinct articles of charge;(ii)a statement of the imputations of disqualifications in support of each article of charge, which shall contain -(a)a statement of all relevant facts including any admission or confession made by the councillor or the member, and(b)a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.(7)[ The petition shall be dealt with by the Commissioner, or as the case may be. Collector, as expeditiously as possible and endeavour shall be made by him to dispose of the petition within 90 days from the date of receipt of the petition :Provided that, where any petition could not be disposed of within the said period of 90 days, the Commissioner, or as the case may be, the Collector, shall record his reasons, in writing, for not disposing of the petition within the said period.] [Sub-rules (5) to (15) were substituted for the original sub-rules (5) and (6) by G. N. of 28.11.1991.](8)On receipt of the written statement of defence, the Commissioner or, as the case may be, the Collector, may himself inquire into such of the articles of charge as are not admitted, and where all the articles of charge have been admitted by the councillor or member in his written statement of defence, the Commissioner or, as the case may be, the Collector, shall record his findings on each charge after taking such evidence as he may think fit and shall act in the manner laid down in rule 8 of these rules.(9)If no written statement of defence is submitted by such councillor or member, the Commissioner or, as the case may be, the Collector shall proceed to inquire as if the councillor or member has nothing to say.(10)The Commissioner or, as the case may be. Collector shall require the complainant as well as the councillor or member who wishes to be heard either in person or through his Advocate to appear before him on such day and at such time as may be fixed by him.(11)The councillor or, as the case may be, the member, shall appear in person before the Commissioner or, as the case may be, the Collector, on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the statement of the imputations of disqualification, as the Commissioner or, as the case may be, the Collector, may, by a notice in writing, specify in his behalf, or within such further time not exceeding ten days, as the Commissioner or, as the case may be, the Collector, may allow.(12)The Commissioner or, as the case may be, the Collector, shall, if the councillor or, as the case may be, the member, fails to appear within the specified time or refuses or admits to plead, produce the evidence by which he proposes to disprove article of charge, adjourn the case to a later date not exceeding thirty days, after recording an order that the councillor or, as the case may be, the member, may for the purposes of preparing his defence, -(i)inspect within five days of the order or within such further time not exceeding five days as the Commissioner or, as the case may be, the Collector, may allow, the documents specified in the list referred to in sub-rule (6) of this rule;(ii)submit a list of witnesses to be examined on his behalf.(13)Where the councillor or, as the case may be, the member applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (6) of this rule, the Commissioner or, as the case may be, the Collector, shall furnish him with such copies as early as possible, and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.(14)The enquiry shall be commenced on the date fixed in that behalf by the Commissioner or, as the case may be, the Collector, and shall be continued thereafter on such date or dates as may be fixed from time to time by him.(15)On the date fixed for the inquiry, the oral and documentary evidence shall be produced by or on behalf of the petitioner. The witnesses shall be examined by or on behalf of the petitioner and may be cross-examined by the councillor or member, against whom there are charges of disqualification.]
