PRAHLADBHAI PATEL Vs. K V BHANUJAN

JUDGEMENT

(1.) The petitioners seek a declaration that the resolution dated 31st October 1993 at annexure C to the petition passed by the Government under Section 4(8) of the Bombay Primary Education Act 1947 (hereinafter referred to as the Act) is bad in law and have prayed for quashing the same. The petitioner No. 1 is the Chairman of the Municipal School Board Ahmedabad and the petitioner No.2 is the Vice-Chairman. The petitioner No.3 is In-charge Administrative Officer of the School Board.

(2.) Initially when the petition was filed it was apprehended by the petitioners that an Administrator would be appointed under Section 56 of the Act to take over the charge of the School Board. However it appears that on 31 st October 1993 the impugned resolution at annexureC came to be passed and the petition was therefore amended with a view to challenge the impugned resolution.

(3.) Admittedly the term of the Ahmedabad Municipal Corporation came to an end on 31st October 1993 As a consequence thereof by virtue of the provisions contained under Section 4(9) of the Act the term of office of the members of the School Board ceased on the expiry of the term of the Municipal Corporation which is an authorised Municipality. The Government thereupon issued the impugned resolution purporting to have been made under Section 4(8) of the Act nominating 15 persons to be the members of the School Board.