NILESH Vs. THE COLLECTOR, WARDHA

JUDGEMENT

(1.) Rule returnable forthwith. The petition was heard finally by consent of the learned counsel for the contesting parties.

(2.) The petitioner, Councilor of Municipal Council Hinganghat (The Council) (BClass Municipal Council) at present Vice President, has prayed to quash and set aside election nomination dated 23/12/2014 of the Subject Committees and Standing Committees of respondent No.3Municipal Council Hinganghat, along with subsequent elections of Chairmans of said Committees; and also prayed for direction against respondent No.1 to conduct elections of subcommittee afresh as per the provisions of Maharashtra Municipalities (Elections to Subjects Committees) Rules, 1966 (The Rules); and also prayed for stay of the proceedings/meeting dated 23/12/2014.

(3.) Contesting party appeared and opposed all the prayers. As submission was made that the petition can be disposed of finally at the admission stage, we heard finally and proceeded accordingly. The counsel for the parties read and referred the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (The Act), specifically sections 63 and 64 including amended provisions (Maharashtra 36 of 2006 dated 13/12/2006) and the unamended provisions. There is no dispute and no challenge by the petitioner about the first requisite election already held based upon the existing provisions, after new election of Municipal Council. The contention, with regard to the subsequent election in question, ought to have been taken place based upon the Rules as referred above, is not acceptable. Once the elections are held as per the existing amended provisions of the Act, for all the subsequent elections, the same procedure needs to be followed. There is no question of dissecting the existing provisions of the Act for subsequent election, once the procedure of acceptance of rejection of nomination paper has been deleted and so also the provisions of section 3 (3A) and (3B) have been substituted by present provisions of Section 2 (2a), (2b) and (2A).