SHANKARRAO RAMCHANDRARAO PHATE Vs. CHATRAPAL ANANDRAO KEDAR

JUDGEMENT

(1.) These two petitions have been filed by the two petitioners praying for a writ in the nature of quo warranto against the respondent No. 1 who is holding the office of president of the Zilla Parishad, Nagpur, having been elected to that office on 12-8-1972 Petitioner Shankarrao in Special Civil Application No. 1050 of 1972 had contested the election as a Councilor of the Zilla Parishad, Nagpur from Kelod constituency in Saoner tahsil but was defeated Petitioner Shawn Domaji in Special Civil Application No. 1051 of 1972 admittedly is a voter from the Bamni Constituency, and both these petitioners claim that they are vitally interested in the affairs of the Zilla Parishad and are entitled to show that the respondent is illegally holding the office of President of the Zilla Parishad, Nagpur. So far as respondent No. 1, Chhatrapal Anandrao Kedar is concerned, it is not in dispute that he was elected as the President of Zilla Parishad at the first statutory meeting of the Zilla Parishad held on 14-8-1962. He was, however, unsuccessful at the next election as a Councilor held on 27-5-1967 for the second terms 1967-72. The first statutory metting of the second term was held on 12-08-1967, and one Baliram Damusan Dakhane was elected as the President of the Zilla Parishad fro that term. However, a bye-election came to the be held from Vhirgaon constituency in Nagpur, Tahsil as a result of the resignation of councilor by name Nilkanth Nandurkar. At this bye-election the respondent No. 1 as a Councilor, Dakhane, who was then the President of the Zilla Parishad resigned his office, and at a meeting held on 21-6-1968 to elect a president of the Zilla Parishad in the vacancy caused as a result of the resignation of Dakhane, the respondent No. 1 was again elected as the president having defeated petitioner Shankarrao, and the respondent No. 1 thus became the president for the rest of the period. Fresh elections were again held for the third term and the respondent No. 1 was again elected as a Councilor on 27-5-1972. He was also re-elected as the President of the Zilla parishad on 12-8-1972. These facts are not in dispute.

(2.) The contention of both the petitioner in these petitions is that in view of the proviso to Section 42 of the Maharashtra Zilla Parishads and Panchayat Samitis Act. 1961 (hereinafter refereed to as the Act), the respondent No. 1 was not eligible for being elected as President because he had held the office for two consecutive terms. The question which, therefore, falls for consideration is whether the petitioner who was the President of the Zilla Parishad for the whole of the term 14-8-1962 to 12-8-1967 and a part of the second term from 21-6-1968 to 12-8-1972 can be said to have become ineligible for election as president as contemplated by the proviso to Section 42 of the Act. Section 42 reads as follows:

(3.) In view of the arguments advanced before us it is necessary to refer to certain other provisions of the Act, The word "term" is not defind any-where in the Act and must, therefore, be constructed with reference to the context in which it has been used in the different provisions dealing with the offices of the Councilors and also of the President and the Vice-President in the several provisions of the Act. Section 10 of the Act provides for the election and term of office of the Councilors. Under Sub-section (1) of that Section it is provided that the Councilors shall be elected in the manner provided by or under the Act. Sub-section (2) of Section 10 reads: