RAJARAM S DHARVAT Vs. STATE

JUDGEMENT

(1.) PRESENT petition raised a dispute in regard to validity of appointment of Respondent No.4 as Vice President of Respondent No.3 Ichalkaranji Municipal Council. A few facts, which have given rise to the filing of the present Petition, are as follows:

(2.) ON 1st December, 1996 general elections to the aforesaid Municipal Council were held. Petitioners and Respondent Nos. 4 and 5 were amongst the 53 Councillors elected at the aforesaid elections. On 17th December, 1996 the first meeting of the Council was held when Respondent No.5 was elected President. On 19th December, 1996 Respondent No.5, as President of the Council, appointed one Shri R.D.Shinde as Vice President. The term of President being for one year, Respondent No.5 was due to cease to be President on 17th December, 1997. Hence, elections for electing a new President were held on the 12th of December, 1997 when Petitioner No.1 was elected as President. The Petitioner No.1, being the newly elected President was due to take over charge on the 17th of December, 1997. On 12th December, 1997 Shri R.D.Shinde, who was the Vice President, tendered his resignation and the same was duly accepted by Respondent No.5. On the same day Respondent No.5 appointed the Respondent No.4 as Vice President of the Council. On 16th December, 1997 Respondent No.5 forwarded a letter to the Government seeking approval to the appointment of Respondent No.4 as Vice President. On 17th December, 1997 Respondent No.5 handed over charge of his office of President to Petitioner No.1. On 18th December, 1997 Petitioner No.1 cancelled the appointment of Respondent No.4 as Vice President and appointed Petitioner No.2 as Vice President. By a communication sent by Petitioner No.1 to the Government, he sought approval of the cancellation of the appointment of Respondent No.4 and approval to the appointment of Petitioner No.2 as Vice President. On 20th December, 1997 the Collector sent a letter to the Government with a copy endorsed to the Council directing that Respondent No.4 should be allowed to function as Vice President pending the decision by the Government. On 22nd December, 1997, Petitioner No.1, once again addressed a letter to the Government confirming his having cancelled the appointment of Respondent No.4 and prayed for grant of approval to the appointment of Petitioner No.2 as Vice President. The present petition is filed by the Petitioners on 5th of February, 1998.

(3.) SECTION 51 of The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965 provides for procedure for election of President. Section 52 provides that the term of office of the President shall be one year. Section 51A of the Act deals with the appointment of Vice President. The same provides, as under :