KAMALAKAR BAPURAO KULKARNI Vs. YEOLA MUNICIPAL COUNCIL YEOLA

JUDGEMENT

(1.) An order dated 28th of March, 1983 passed by the Collector of Nasik under section 10 of the Maharashtra Municipalities Act, 1965 is the subject matter of challenge in this petition under Article 226 of the Constitution of India. By the aforesaid order, the Collector, in exercise of the powers vested in him, divided the Municipal area of Yeola Municipality into different wards for the purpose of the elections, under Chapter II of the Maharashtra Municipalities Act, hereinafter referred to as the Municipalities Act. It is the petitioners case that while exercising this power and while also using certain discretion vested in him the Collector has committed flagrant violation of the duty cast upon him and has also committed grave errors in the exercise of the jurisdiction vested in him. The petitioners case is that under section 10 of the Municipalities Act, each Municipal area has to be divided in to different wards of equal population and any order which results in the creation of wards with hopelessly unequal populations must be held to be one which is in defiance of the requirement under section 10 of the Municipalities Act.

(2.) We must now proceed to mention the facts which have led the petitioners to this Court. The Municipal Council in question is the Yeola Municipal Council in Nasik District. In the year 1978, elections had been held for the Municipal Council, the area of which had been divided in to 24 wards. Each ward had, in terms of section 10(2) of the Municipalities Act, one seat and accordingly 24 Councillors had been elected to the Municipal Council.

(3.) By a notification dated 18th October, 1982 issued under section 9 of the Municipalities Act, the Director of Municipal Administration has fixed the number of wards in Yeola Municipal Council at 26. After doing so, the Director has addressed a letter to all the Collectors intimating to them that the election should be held in accordance with the programme mentioned in the said letter.