BABA SINGH Vs. CHIEF MINISTER MAHARASHTRA STATE

JUDGEMENT

(1.) BOTH these petitions have been filed as public interest litigation challenging the action of the State Authorities in appointing Mr. Johnny joseph, respondent No. 3 herein, as Municipal commissioner, Brihan mumbai Municipal Corporation. A writ of certiorari is sought calling for the records and proceedings and after examining legality and propriety to quash an order dated 23rd February, 2004 appointing respondent No. 3 as the Municipal Commissioner. A prayer is made to issue a writ of mandamus restraining respondent no. 3 from discharging duties and responsibilities as Municipal Commissioner. A writ of quo warrant is also prayed for quashing appointment of respondent No. 3 as he could not have been appointed as Municipal Commissioner as neither he is holding office of Chief Secretary/additional Chief secretary nor having requisite experience necessary for the said post.

(2.) THE petitioner of PIL No. 49 of 2004 was born and brought up in Mumbai. He had been a Corporator of Brihanmumbai Municipal Corporation ("bmc" for short) during the period 1992-1997. He has been associated with various public activities. Presently he is the Chairman of Jogeshwari welfare Trust which helps poor children in their education and distributes bocks to the children coming from poor and down-trodden strata of the society.

(3.) THE petitioner of PIL No. 55 of 2004 was a civil Servant and finally retired as the Municipal commissioner of BMC in 1990. When he was appointed as the Commissioner, he was in the rank of additional Chief Secretary of the State Government. The petitioner has asserted that during the course of his service with the Government, he held various posts and had intimate knowledge about civic issues and problems faced by various sections of people of maharashtra in general and Mumbai in particular. In 2001, he was appointed by the State Government to enquire into various allegations of financial irregularities and corruption in BMC. The report of the petitioner with action taken by the Government was tabled on the floor of Legislature.