HANMANTRO YESHWANTRAO PATIL Vs. CHINATAMANI K GULVANI

JUDGEMENT

(1.) This petition raises a short question as to whether acts or omissions disqualifying a persom from becoming or acting as a Councillor of a Municipal Council under S. 16 read with S. 44 of the Maharashtra Municipalities Act, 1965 (shortly stated as "the said Act") also so disqualify the 'President" who is elected as such directly by the voters of the Councill & who becomes a 'deemed Councillor" ex-officio on account thereof, though not elected as a Councillor.

(2.) The petitioners Nos. 2 to 4 and respondents Nos. 1 to 7 were elected as Councillors to the Vita Municipal council in the election held on 7-11-1974. Patitioner No. 1 was elected as President at the said election directly by all the voters of the Councill under the amended Act.

(3.) A contract was entered into on behalf of the Municipal Council by the Chief Officer on Oct., 1, 1975, with the Vita Co-operative Electric Supply Society Ltd., (shortly stated ad "the said Society) for the supply of electricity for street lights. A resolution was unanimousy passed in the meeting of the Council held on July 29, 1976, retifying the said contract. The five petitioners admittedly voted in favour of the said resolution though each one of them admittedly held share in the said Society and as such held some interest therein.