PANDITRAO DAJI KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition raises an interesting question about the stage at which the President of a Municipal Council under the Maharashtra Municipalities Act, 1965 ('the Act of 1965', for short) could nominate members of the Subjects Committees under Section 63(3B)(i) of the Act. It also incidentally raises the question as to whether the Collector could interfere with that order -under the provisions of Section 308 of the Act and whether the Government could revise any such order under Section 318 of the Act.

(2.) THE question arises on the following facts: For the town of Ichalkaranji which has a population exceeding 75,000, 'A' Class Municipal Council has been constituted under the Act. The first elections to this council were held in November 1974. At that time the total number of members of this council consisted of forty -two elected and four co -opted councillors, in addition to the President. The elections to the Subjects Committees of this council were held in January 1975, and January 1976. It may be mentioned that it was resolved that there should be fifteen members in each of the five Subjects Committees. The term of the members of the Subjects Committees was due to expire on February 4, 1977. That is why the President issued a notice dated January 20, 1977 fixing the date of election of the members of the Subjects committees on January 27, 1977. The lime mentioned was 4 p.m. On January 27, 1977, there were only twenty councillors present for the meeting, in addition to the President who was also present. The quorum required for this meeting which was a special meeting was twenty -three. Since there was no quorum, relying on a circular letter dated October 23, 1972, (annexed as 'F' to the petition) issued by the Director of Municipal Administration, the President took the view that the meeting had lapsed for want of a quorum and he, therefore, proceeded to nominate the members to the subjects committees purporting to act under Sub -section (3B) of Section 63 of the Act. He also purported to nominate three members for the Standing Committee. He also passed an order (annexed as 'A' to the petition), directing that the councillors nominated to the subjects committees mentioned in that order shall meet in the municipal council hall on January 29, 1977 at 11 a.m. to elect the Chairman of their respective subjects committees. This action was challenged by respondent No. 5, an elected councillor, on February 3, 1977 by filing an application to the Collector of Kolhapur. A similar application was also filed by respondent No, 4, a co -opted councillor, on February 5, 1977.

(3.) CONSISTENTLY with that view the Collector in exercise of the powers purporting to have been vested in him under Section 308 of the Act, suspended the execution of the said order and also directed that the suspension shall take immediate effect.