AROLKAR GHANSHYAM GOVIND VICE PRESIDENT MORMUGAO MUNICIPAL COUNCIL Vs. KORGNONKAR VICE PRESIDENT MORMUGAO MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of Constitution of India seeks a writ of certiorari or a writ in the nature of certiorari or an appropriate writ, order, direction for quashing and setting aside the order dated 12th October, 1989 made by the Presiding Authority, Sub-Division Officer, Mormugao rejecting the nomination paper filed in favour of the petitioner for electing Vice President for the Mormugao Municipal Council.

(2.) FACTS giving rise to this petition are that for the election of Vice President of the Mormugao Municipal Council a special meeting was convened on 12th October, 1989 as the said office had fallen vacant along with the office of the President. This meeting was presided over by the Sub-Divisional Officer, Mormugao, the respondent No. 2. The petitioner is an elected Councillor of the Mormugao Municipal Council and his name was proposed for the Office of Vice - President to be elected at that meeting by a nomination made by Shri Prakash Parulekar who is a co-opted Councillor of the said Council. It is common ground that along with the petitioner, the first respondent, Shri Francisco Gerald Barreto and Shri Ashok Chandru Halarnkar were also proposed as candidates for the office of Vice President duly nominated by elected Councillor Parulekar had no right to vote at the election and therefore no right to propose and nominate the petitioner as a candidate for the election of the Vice-President. At the elections that were held on that day needless to mention that the respondent No. 1 got the majority of votes and was accordingly declared duly elected to the post of Vice-President.

(3.) THE sole question to ask in this petition is whether a co-opted Councillor can nominate another Councillor for being elected to the office of Vice President.