Counsel for Mendonca today appeared before a division bench of Justice A P Shah and Justice P D Upasani challenging the state government's order of January 27, 1999, dismissing him from the presidency of the MBBMC under Section 55 (A) as well as debarring him from contesting any elections for six year under Section 55 (B).

After this, began a long period of harangues where the various authorities like the state Urban Development Department, the Thane collector and the directorate of municipal administrations, urged the MBMC to accord sanction to prosecute the two employees. But it was not forthcoming. In fact, Mendonca is accused of presiding over a meeting of the council on August 19, 1997,where the prosecution of the two employees was discussed. The approval was not granted and Mendonca submitted in the minutes of the meetings that he had not said anything in this regard, nor had he voted on the issue.

In the end, following a petition filed by Janata Dal President of Mira-Bhayander, Milan Mhatre, the Bombay High Court ordered the state to take action against Mendonca. On January 27, the state dismissed him from his chair and debarred him from contesting elections for six years.

``The petitioner ought not to have presided over the meeting of the council on transacting a business of sanctioning prosecution against the municipal employees,'' ruled Justice Shah today as he held that he had ``grossly misused power as president of the council''. ``The state is fully justified in taking action under the said sections,'' ruled Justice Shah and dismissed the petition.