KAILAASH VASANTRAO GHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed for quashing and setting aside public notice, Exhibit "d" issued by the Collector, Nasik on 7th September, 2002 for proposing to hold general elections of Trimbak Municipal Council in the month of December, 2002.

(2.) THE learned Counsel for the petitioners contended that the petitioner No. 1 has been duly elected as the President of Trimbak Municipal Council and he is entitled to hold the said office for a period of two years from the date of election. As he would be completing two years in April, 2003, the relief deserves to be granted in his favour to the extent that he would continue to hold the office of President till that date.

(3.) FOR the above submission, reliance was placed on section 52 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment and Continuance) Act, 1999 (Act 3 of 2000 ). Section 52 provides for term of office of President. The said section was amended by the Amendment Act of 1999 and now it reads as under: