N N KHUBCHANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner before us is one Notandas K. Khubchandani, a resident and businessman of Ulhasnagar. He is an elected Municipal Councillor of the Ulhasnagar Municipal Council. In paragraph 1 of the petition he has stated that he pays large income tax, that he has never been charge sheeted for committing any crime and has served as Chairman of Public Works Committee for three successive terms.

(2.) Section 51 of the Maharashtra Municipalities Act, 1965 provides for the election of a President and co-option of Councillors. Section 51(A) which was subsequently introduced makes provision for appointment of a Vice-President and it is provided that every Municipal Council governed by the Act shall have a Vice-President who is to be appointed by the President from amongst the elected or deemed to be elected Councillors. The appointment is to be made before the first meeting convened by the President of the Council is held or within seven days from the date on which the vacancy in the office of the Vice-President occurs. Under Clause (b) of sub-section (1) of section 51-A the President is to intimate the name of the Vice-President appointed by him to the Collector and the State Government forthwith and also give intimation of the same to the Councillors at the Council meeting held immediately following such appointment.

(3.) Under sub-section (2) of section 51-A, the appointment of Vice-President by the President is made subject to the approval of the State Government within a period of sixty days from the date of receipt of the intimation provided in sub-section (1). The State Government may by its order either approve or disapprove and cancel the appointment of the Vice-President. Intimation of such order is to be given to the President and there is provision that if intimation is not sent within the period of sixty days the appointment shall be deemed to be approved.