LIYAKAT ALI KHAN, PRESIDENT, MUNICIPAL COUNCIL, HINGOLI Vs. MINISTER OF STATE FOR URBAN DEVELOPMENT, GOVT. OF MAHARASHTRA, BOMBAY

JUDGEMENT

(1.) THE present Respondent No. 6 challenged the election of the Petitioner as President of the Hingoli Municipal Council by moving the State Government under section 51(5) of the Maharashtra Municipalities Act, 1965, (for short, the Act). By an order dated, 10th October, 1985, the Minister of State for Urban Development, Maharashtra, (Respondent No. 1 herein) set aside the election on the ground that the result of election stood materially affected, inasmuch as Respondent No. 6 was not permitted by the Returning Officer (Respondent No. 4 herein) to participate in the election. This order is the subject matter of challenge in this writ petition.

(2.) THE material facts lie within a narrow compass and are not in dispute. General election for municipal councilors, Hingoli, was held on 25th April, 1985. There are in all 33 wards, out of which elections were held on that day for all wards except wards Nos. 31 and 33. The elections for these two wards were postponed because some matter was pending in the District Court. The elections for these two wards were subsequently held on 10th May, 1985. Thirty -one candidates including the Petitioner were declared elected as councilors in the election held on 25th April. The names of these thirty -one persons were published in the Maharashtra Gazette on 3rd May, 1985, as required by section 19 of the Act. The result of the election for wards Nos. 31 and 33 were declared on 11th May, 1985. Respondent No. 6 was elected from Ward No. 33. The result of this mini -election was published in the Maharashtra Gazette on 27th May, 1985.

(3.) AFTER being declared elected as councilor on 11th May, Respondent No. 6 preferred Writ Petition No. 343 of 1985 to this Court on 13th May for stay of operation of the meeting dated 15th May, 1985. That writ petition came before Deshpande, J., during the summer vacation for grant of interim relief on the morning of 15th. The learned Judge made the following order on that day :