BHASKAR ATMARAM JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner Bhaskar Atmaram Joshi in this case was elected as a Municipal Councillor of the Nagpur Municipal Corporation. Besides being a Councillor, he was elected as a member of the Standing Committee of the Corporation in February 1975. On 26th June, 1975, he was detained under Maintenance of Internal Security Act, referred to hereinafter as the MISA, by an order of the Police Commissioner, Nagpur. By a notice dated 30th October 1975 signed by the Deputy Municipal Commissioner, Nagpur Municipal Corporation, the petitioner was informed that as he failed to attend all the meetings of the Standing Committee since July 1975 his membership of the Standing Committee automatically came to an end as per Section 36 of the City of Nagpur Corporation Act. It is this notice and the action taken by the Deputy Municipal Commissioner which are challenged in this writ petition.

(2.) In the return filed on behalf of the Municipal Commissioner, Nagpur, the Municipal Commissioner submitted that the petitioner attended the meetings held on 8-7-1975, 17-7-1975, 8-8-1975, 22-8-1975 and 19-81975. According to this respondent, the petitioner ceases to be a member of the Standing Committee by virtue of the provisions of Section 36 of the City of Nagpur Corporation Act, 1948, referred to hereinafter as the Act. It was further submitted that the petitioner has incurred a disqualification as he absented himself from attending the meeting either voluntarily or otherwise, and therefore, the notice dated 30-10-1975 given by the Deputy Municipal Commissioner is perfectly legal and valid.

(3.) For properly understanding these rival contentions it will be useful if a reference is made to Section 36 of the Act. Section 36 reads as under:-