LAXMAN Vs. MUNICIPAL COUNCIL WARUD

JUDGEMENT

(1.) A mandate has been sought from this Court directing the quashing of the resolution passed by the Municipal Council, Warud on 20th January, 1988 cancelling the representation of the petitioner Mr. Belsare and sending Mr. Gulhane, respondent No. 4, as their representative to the Agricultural Produce Market Committee, Warud. A declaration has also been sought to the effect that the petitioner continues to be the Member of the Managing Committee of the said Agricultural Produce Market Committee.

(2.) Facts giving rise to this litigation may be briefly stated as follows; An Agricultural Produce Market Committee, a creature of Maharashtra Act No. XX of 1964, has been established at Warud. It has been constituted in pursuance of section 13(1) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, (hereinafter referred to as "the Act"). As the Municipal Council is existing at Warud a representative elected by the Municipal Council was sent to the Market Committee in pursuance of section 13(1)(e) of the said Act. The present petitioner who was initially the President of the Municipal Council went there as a representative of the Municipal Council. Subsequently he resigned from the Agricultural Produce Market Committee. After his resignation, the Municipal Council elected him as a representative of the Municipal Council. Subsequently on 20th January, 1988 the general body of the Municipal Council passed a resolution No. 14 cancelling the representation of the petitioner and freshly electing Mr. Gulhane, respondent No. 4, as their representative on the Agricultural Produce Market Committee. It is this resolution passed by the Municipal Council, Warud which has been challenged in this petition.

(3.) It is the case of the petitioner that the general body of the Municipal Council acted without any jurisdiction to cancel his representation in as much as there was no vacancy created in the Agricultural Produce Market Committee. It was also contended that as he was sent by the same body as a representative, there was no power of cancelling his representation conferred either by the Maharashtra Municipalities Act or any other Statute. Thus the cancellation of his representation was ultra vires the powers of the Municipal Council. In law inspite of the resolution so passed, he continues to be a member of the Agricultural Produce Market Committee. As a consequence, he has also sought a declaration to that effect.