M.M. NANDGAONKAR Vs. COLLECTOR

JUDGEMENT

(1.) THE order made by the Collector of Thana which is challenged by this petition is, in our opinion, entirely unsupportable. The petitioner has been an elected member of the Thana Municipality since 1942. He was last elected in the general election held in June 1952 and after the election he was elected Vice -president of the municipality, and when the order complained of was made he was the Vice -president.

(2.) NOW , the employees of the Thana Municipality have formed a union which is known as 'the Thana Municipal Kamgar Sangh'. This was formed in 1943 and it was registered under the Trade Unions Act. The petitioner has been the President of this union ever since its inception. As the President he has been fighting the cause of the municipal employees. He has been pressing demands on their behalf upon the municipality and he has been responsible for raising industrial disputes which have been referred to the Industrial Tribunal. In respect of these disputes an award was made by the Industrial Court on November 30, 1949. But even after that award he has been making demands from time to time on behalf of the municipal employees. On March 26, 1954, the petitioner was served with a notice by the Collector, calling upon him to show cause why he should not be held to be disqualified from being a councillor under Section 28(i)(a) read with Section 12(2)(b) of the Bombay Municipal Boroughs Act. The petitioner answered the notice. He was duly heard by the Collector and on June 30, 1954, the Collector made an order holding that the petitioner was disqualified from being a councillor and there was a vacancy. The petitioner appealed to Government and the Government dismissed the appeal on July 26, 1954. The petitioner has now come to us under Article 226 of the Constitution.

(3.) THE petition must succeed. The order of the Collector is set aside. Respondent No. 2 to pay the costs.