NARAYANDAS JASKARANJI RATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are the Councillors of the Municipal Corporation of City of Solapur, which was Constituted on 1st May, 1964 under the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the Act). There are about 65 elected Councillors and the last elections were held on 8th June, 1975. Under the Act the tenure of the office of Councillors is five years. The term of these Councillors commenced from 23rd June, 1975 and was to come to an end on 22nd June, 1980. However, by a notification issued by State Government on 20th May, 1980 the term of office of the elected Councillors was extended till 30th November, 1980. So, the term of office of the present Councillors was to expire on 30th November, 1980.

(2.) But before the extended term could expire, on 12th August, 1980 a notice was served upon the 2nd respondent-Corporation asking it to show cause why the corporation should not be superseded and why the Administrator be not appointed. This notice was issued under section 452 of the Act which reads as under :

(3.) When we turn to the show-cause notice dated 12th August, 1980 we find that the notice recites that it has been brought to the notice of the Government that the Solapur Municipal Corporation is not competent to perform the duties imposed upon it by or under law. One has persistently made defaults in the performance of the duties imposed upon it by or under law and has abused its powers which was evident from the instances quoted in the said notice. It appears that the preamble of this notice is nothing but a repetition of section 452(1) of the Act. Now, the instances which are quoted are as follows :