SUNDARABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE State of Maharashtra issued a preliminary notification on 29-8-1959 under S. 4 of the C. P. and Berar Municipalities Act. 1922. By that notification,. respondent No. 1 signified its intention to declare the local areas comprising of four villages of Desaiganj, Wadsa, Nainpur and Virsitukum in Gadchiroli Tahsil of the Chanda district to be a municipality. This notification was followed by subsequent notification bearing No. DTM (M) 2558 (a)-A, dated 26-4-1961. Under this latter notification , the Government was pleased to declare the area comprising in these four villages to be a municipality from 1st May 1961. The Government is empowered to declare a municipality comprising of certain areas under S. 5 (1) (a) of the C. P. and Berar Municipalities Act. It may be noted here that in his final notification of 26-4-61, through some inadvertence mention of village Virsitukum is omitted, though the village was mentioned in the preliminary notification. It is not now disputed however that the boundaries of the area comprising the municipal limits as given in the preliminary notification and the final notification are identical. Therefore, there is not dispute that village Virsitukum is also comprised within the municipality of Desaiganj.

(2.) ON the same date the State Government issued two more notifications. They are as follows: "no DTM (M)-2558 (d) A Whereas the circumstances of the Desaiganj Municipality declared under Government notification. Urban Development and Public Health Department No. DTM (M) 2558 (a)-A, dated the 26th April 1961, are such that, in the opinion of Government, the provisions of Ss. 10,16,18 and sub-section (3) of S. 175 of the Central Provinces and Berar Municipalities Act, 1922 (II of 1922) are unsuited thereto; now, therefore, in exercise of the powers conferred by S. 9 of the said Act, Government is pleased to direct that the provisions contained in S. 10 Shall apply to the said Municipality in the modified form as specified in the schedule annexed hereto and the provisions contained in Ss. 16, 18 and sub-section (3) of S. 175 shall be deemed to be withdrawn and in their place the modified provisions as specified in the said schedule shall operate with respect to the said Municipality, namely; schedule (1) In S. 10 after sub-section (7) the following sub-section shall be inserted, namely: " (8) Notwithstanding anything contained in sub-sections (2) to (7), the Committee of the Desaiganj Municipality shall, until a committee consisting of elected members can be constituted, consist of thirteen members appointed by Government by a notification. " (2) For Ss. 16 and 18, the following sections shall be substituted, namely: "16 The term of office of the members of the Committee of the Desaiganj Municipality Constituted under sub-section (8) of S. 10 shall expire on the 30th April 1963 or on the date on which the successors of the members of the Committee take office, whichever is later. " "18 The President and Vice-President of the Committee of the Desaiganj Municipality constituted under sub-section (8) of S. 10 shall be elected by the members appointed by the State Government. "

(3.) FOR sub-section (3) of S. 175, the following sub-section shall be substituted, namely: " (3) All rules other than rules made under the first proviso to sub-section (3) of S. 86 DTM (M) 2558- (e)-A. In exercise of the powers conferred by sub-section (8) of Section 10 of the Central Provinces and Berar Municipalities Act 1922 (II of 1922), as amended by Government Notification. Urban Development and Public Health Department No. DTM (M) 2558 (d) A, dated the 26th April 1961. Government is pleased to appoint the following persons to be members of the Desaiganj Municipal Committee in the Chanda District namely: 1. Shri Gyanchand Dunichand, President 2. Shri Doma Saoji Dahikar, Vice-President 3. Shri Haridas maniram Gedam. 4. Shri Abdul Hamid Abdul Shakur 5. Shri Ambalal Shiwabhai 6. Smt Sundrabai w/o Pundlik Sonkusare. 7. Shri Maidi Husain. 8. Shri Pandurang Laxman Sapate. 9. Shri Jasanmal Ramdas. 10. Shri Tukaram Honduji Sahare. 11. Shri Govinda Tukaram Raut. 12. Shri Mukhru Mangru. 13. Shri Pandurang Somaji. " 3. By the first of these notifications bearing No. DTM (M)-2558- (d)-A, the Government purported to act under S. 9 of the Municipalities Act. In exercise of the powers conferred by S. 9 of that Act, the Government directed that the provisions of S. 10 of the Municipalities Act shall apply to the Municipality of Desaiganj in the modified form given in the schedule. Similarly, Ss. 16 and 18 of the Municipalities Act were substituted for original Ss. 16 and 18 in their application to the Municipality of Desaiganj as shown in the first notification. There was a slight modification in sub-section (3) of S. 175 of the Municipalities Act and in such modified form this sub-section was made applicable to the new Municipality of Desaiganj.