BALAKDAS MODKUJI CHICHOLIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the Additional Advocate General for the respondents.

(2.) THE petitioner was elected to the Municipal Council, Paoni, from Ward No. 3 on 1-12-1996 for a term of five years. Thereafter, there was election to the post of President as required under section 51 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the "said Act" ). The President of the Municipal Council, in exercise of his powers under section 51-A of the said Act, appointed the petitioner as Vice-President of the Municipal Council. The intimation of such appointment was sent to the State Government through the Collector, Bhandara, for approval as required under sub-section (2) of section 51-A of the said Act on 21-12-1999. In the meantime, the petitioner took over charge of the post of Vice-President of the Municipal Council, Paoni. On 15-2-2000 the Government issued orders refusing approval to the appointment of the petitioner which is impugned by the petitioner by invoking the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The petitioner has also sought a writ to declare the provisions of sub-section (2) of section 51-A as ultra vires, in addition to seeking a mandamus against the State Government to grant approval to the appointment of the petitioner.

(3.) THE respondent State Government did not file any affidavit-in-reply. The respondent Municipal Council through its Chief Officer filed an affidavit in reply contending that as the appointment of the petitioner to the post of Vice President is cancelled, the petitioner has been duly informed on 28-2-2000 and in his place, the President, Municipal Council, Paoni, has appointed Mr. Durjan Sajjan Chausare as Vice President who has taken over charge on 1-3-2000. An intervention application has also been filed by the said newly appointed Vice President seeking that as the petition has become infructuous, it deserves to be dismissed.