KALPANA SANDEEP PATIL Vs. MURUD JANJIRA MUNICIPAL COUNCIL

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The petitioner has approached this Court under Article 226 of the Constitution of India challenging the Order passed by the Collector, District Raigad, who is the respondent No. 2 herein. On 19th June, 2009, whereby purporting to act under section 57 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the "said Act"). He has appointed one Mr. P. C. Sakpal, Tahsildar, Murud, District Raigad to hold the charge of the President of Murud Nagar Parishad in addition to the charge which he is holding as Tahsildar. The President of Murud Nagar Parishad was elected for a period of two and half years and the said period was coming to an end on 19th June, 2009. The post of the President of the said Municipal Council was reserved for Scheduled Tribe. A person, who was elected as President of the said Municipal Council till 19th June, 2009, was from the Open Category. However, after a period of two and half years, the said President's seat was reserved for Scheduled Tribe. It is to be noted that simultaneously there was an election of the Vice President. Therefore, the process of the election of the Vice President of the said Municipal Council started on 15th June, 2009. Two nominations were received for the post of the Vice President of the said Municipal Council. There was also simultaneous election process for the post of the President and thus, on 19th June, 2009, there was Vice President of the said Municipal Council, who could look after the affairs of the said Municipal Council in the absence of the President.

(3.) Insofar as the process of the President's post is concerned, it appears that in the said election no Councillor has filled nomination form belonging to the Scheduled Tribe since there is no Scheduled Tribe candidate elected in the said Municipal Council. Therefore, the Collector has come forward and in exercise of the powers under section 57 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 has passed the impugned order appointing the Tahsildar to look after the functions of the President. We have perused section 57 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 which reads thus :