YUVRAJ SUKALNATH KOHPARE Vs. REGIONAL DIRECTOR OF MUNICIPAL ADMINISTRATION, DIVISIONAL COMMISSIONER OFFICE

JUDGEMENT

(1.) The petitioners have challenged the orders passed by respondent No.1 (Regional Director of Municipal Administration) dated 30.07.1990 and also consequential order passed by respondent no.2 (Municipal Council, Tumsar) dated 16.08.1990 by invoking Article 226 of Constitution of India on 27.08.1990. This Court on 29.08.1990 issued notice and granted interim stay of the impugned orders. While admitting the matter, this Court has continued stay on 17.07.1991. The petitioners have been in service, pursuance to these orders passed by this Court till this date.

(2.) Learned counsel appearing for the petitioners makes statement that they have been receiving all the benefits, in accordance with law, till this date. The petition is listed for final hearing. Practically, after more than 22 years. A submission is made now by learned counsel appearing for respondent no.2 that the appointments so made by the then President of respondent no.2 was illegal and beyond power, as there was no sanctioned posts available for such appointments. The submission is made that illegal appointments cannot be continued in such fashion, merely because this petition is pending since 1990. The order/action, which is illegal and without jurisdiction needs to be dealt with appropriately. The reliance is made on the judgment of this Court Sh. Yuvraj s/o Parasram Bante and another Vs. Municipal Council, Tumsar and another dated 14.11.2011 whereby a Division Bench of this Court interfered and set aside the order/appointments made by the same President of respondent no.2. The reliance was placed on various judgments as referred and discussed in paragraphs 7 and 12 of the judgments, are as under:

(3.) We have to consider the present case in the light of the then existing provisions of The Maharashtra Municipalities Act, 1965 (for short "Act") specially, Sections 76 and 310 of the Act, are as under: