UMABAI UTTAMJI DANGORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner seeks relief of quashing and setting aside of the order dated 3-7-2006, passed by the respondent No. 1 hon'ble Minister, holding that the President of Municipal Council, is not eligible to vote in election for the post of Vice President, and thereby cancelling the said election, which had taken place on 20-12-2005.

(2.) The case of petitioner is that, she has been elected as Vice President of municipal Council, Umarkhed (respondent No. 4) on 20-12-2005. The petitioner and respondent No. 3 were the only contesting candidates for the post of Vice president and, that petitioner secured 11 votes, while the respondent No. 3 secured 10 votes. According to her, in view of the provisions of section 2 (7) , 2 (49) and section 51a of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as "the Municipal council Act" or "the Act", for short) , the President of Municipal Council is entitled to cast vote for said election of Vice President and view taken by the respondent No. 1, is therefore unsustainable.

(3.) Considering the controversy involved in the matter and by consent of parties, the matter is taken up for final disposal at the stage of admission itself. Advocate Madkholkar, has argued for the petitioner, while Advocate A. S. Chandurkar, has argued for respondent No. 3. Advocate V. R. Choudhari, represented the respondent No. 4 - Municipal Council and respondent No. 5 -President and learned Assistant Government Pleader Shri Kothari, appeared for respondent Nos. 1 and 2.