MADHURI NILKANTH PHALAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule returnable forthwith. With the consent of learned Counsel for the parties both these petitions are heard finally at the stage of admission.

(2.) SINCE both these petitions raise a common question, these petitions are being decided by this common judgment. In Writ Petition No. 3368 of 2009 the petitioner prays for issuance of a writ for directing respondents to follow section 52 read with sec. 57 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 in its letter and spirit and also prays for a declaration that the term of the petitioner for the post of President of Bhusawal municipal Council is from 10. 3. 2007 till 9. 9. 2009. The petitioner has also prayed for restraining the respondents from obstructing the petitioner from performing her duties and functions as the President of bhusawal Municipal Council till 9. 9. 2009. In Writ petition No. 3544 of 2009 the petitioner has prayed for quashing the election programme declared by the respondent no. 2 on 18. 6. 2009 in respect of the post of president of Bhusawal Municipal Council.

(3.) THE facts as are necessary for the decision of these petitions may briefly be stated thus :the petitioner in Writ Petition No. 3368 of 2009 claims to have been elected as a Councillor in the general elections of the Bhusawal Municipal Council held in November, 2006. The petitioner was thereafter elected as the President of the Bhusawal Municipal council as per the result declared on 10. 3. 2007 and took over the charge of the post of President on 10. 3. 2007 and since then has been acting as the president. On 26. 12. 2006 the first general meeting of the newly elected Councillors was convened for electing the President of the Municipal Council. It appears that on 22. 12. 2006 one Shri Ashok Kumar Asandas maidasani had filed Writ Petition No. 2938 of 2006 before the principal seat of this High Court at Bombay seeking disqualification of several Councillors of bhusawal Municipal Council under the provisions of the maharashtra Local Authority Members Disqualification act, 1986. It also appears that an ad interim order came to be passed by the Division Bench at Bombay, whereby the declaration of the result of the election to the post of President of Bhusawal Municipal Council was stayed. The order as aforestated passed by the division Bench of this Court came to be challenged before the Supreme Court by filing Special Leave petition No. 4329 of 2007 and the Supreme Court granted stay on 9. 3. 2007 to the order of the Division Bench of this Court dated 22. 12. 2006. Accordingly the petitioner took charge of the post of the President of the Bhusawal Municipal Council on 10. 3. 2007. According to the petitioner the term of the petitioner as the president commenced from the said date. The point, therefore, which is raised in the said petition is that the term of the post of President of the Municipal council being for 2-1/2 years, it has to be counted from 10. 3. 2007 and the elections which are declared now cut short the term of the President and, therefore, the declaration of the election programme is bad in law.