JAIRAM RAMCHANDRA SIRSAT Vs. J A FIGUEREDO

JUDGEMENT

(1.) This is a special civil application filed by Jairam Ramchandra Sirsat, a member of the Mapuca Municipal Council praying for a writ of certiorari and mandamus to quash the order of the Government dated 9-11-1972 and to prohibit the respondent No. 3, the Municipal Administrator appointed under that order, from functioning as such.

(2.) This is one of the eight proceedings filed up to now in connection with the Mapuca Municipal Council. It is therefore necessary to narrate briefly the facts that preceded this writ petition.

(3.) On 29-8-1972, 7 out of the 13 members of the Mapusa Municipal Council by a majority resolution resolved that a requisition should be made to the Director of the Municipal Administration (hereinafter called the Director) to convene a meeting of the Municipal Council to pass a vote of no-confidence against the then President of the Council, Shri B. M. Karekar. The Director issued a notice convening the meeting of the Council. Shri Karekar and some other Councillors filed in this Court a writ petition to restrain the Director from convening the meeting on the ground that the requisition was not made in accordance with law. As on 12-9-72 the said 7 Councillors had made another requisition, Shri Karekar and the other Councillors withdrew the first petition and filed a fresh petition to restrain the Director from convening the meeting pursuant to the fresh requisition. As the second writ petition was filed very late and would be infructuous that petition was also withdrawn. The meeting was convened and a resolution was passed ousting Shri Karekar from the Presidentship of the Council. Shri Karekar and some other Councillors filed a suit before the District and Sessions Court against the said 7 Councillors, the Director, the Government and so on, to obtain a declaration that the resolution removing Shri Karekar from the Presidentship of the Council was null and void. In the said suit an application was made by the plaintiffs for interim injunction. That application was granted by the District Court but was later on vacated by this Court by the order dated 10-10-1972, in a Revision Application filed for that purpose. Shri Karekar stopped functioning as the President of the Council, and the functions of the President were being discharged by Shri Dhuri, the Vice-President. The said 7 Councillors again requisitioned a meeting of the Council for removal of the Vice-President from the office. Technical difficulties were raised as to the authority who should convene such a meeting. The petitioner and 6 other Councillors therefore filed on 4-10-1972 a petition in this Court for obtaining a writ directing the Director to convene a special meeting for that purpose without delay. On 6-11-1972 the petitioner filed another petition for obtaining a writ of mandamus directing the Collector of Goa to convene forthwith the special meeting of the Council for the election of a new President under Section 52 (a) of the Goa, Daman and Diu Municipalities Act, 1968 (hereinafter called the Act). Whilst these two petitions were pending. Government, by the impugned order appointed the Mamlatdar of Bardez as the Municipal Administrator under Section 298 of the Act.