NARAYAN LAXMAN KOLTEWAR Vs. STATE OF BOMBAY

JUDGEMENT

(1.) The petitioners were elected members of the Warora Municipality in the year 1955. After they were elected to the municipality they are alleged to have taken leases of certain rooms belonging to the municipality. It is because of this that the Commissioner exercising his powers under Section 22(2) of the C. P. and Berar Municipalities Act has declared that they have incurred a disqualification set out in Section 15 of the Act and have consequently ceased to be members of the municipality.

(2.) It is contended on behalf of the petitioners that by merely taking leases of the rooms belonging to the municipality a member does not incur a disqualification under Section 15. The releyand part of that section runs thus:

(3.) Then it is said that this disqualification has been removed because the permission of the Collector was obtained by the petitioners under Section 45 of Act. That section runs thus :