GEETA SAKHARAM CHOUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel; Mr. Pradhan, Mr. Ghaisas and Mr. Vashi in support of the petitions, Advocate-General Mr. C.J. Savant for the State and Mr. R.M.Agrawal for the Bhiwandi-Nizampur Municipal Council and its President.

(2.) THESE three petitions seek to challenge the constitutional validity of Maharashtra Ordinance No.VIII of 1999, which was promulgated on the 30th April 1999. Under the said Ordinance, in substance, the term of office of the Presidents of the Municipal Councils in the State has been increased from one year to 2-1/2 years, subject to certain contingencies, where the term may be two years or even three years. Under the impugned ordinance, Section 52 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short, "the Municipal Councils Act") has been substituted by the amended Section 52. The main challenge to sub-section (1) of Sec.52 which reads as under : "The term of office of the President shall be two and a half years." Under the old Sec.52, the term was one year only. Since the arguments advanced by all the petitioners were common, by consent of all the learned Counsels the three petitions were heard together and are being disposed of by this common order.

(3.) THE last election to the Bhiwandi Nizampur Municipal Council (for short, "Council") took place on 1st December 1996. The first President of the newly elected Council was elected on 16-12-1996 and as per the reservation policy, the post was reserved for a lady belonging to the Other Backward Class. Her tenure was from 16-12-1996 to 08-05-1997. On 09-05-1997 Vilas Patil belonging to the general category was elected as the President of this said Council. His tenure expired on the 8th May 1998. On the 9th May 1998 again, Vilas Patil belonging to the general category was elected as the President. His tenure was to expire on the 8th May, 1999. Vilas Patil was elected twice viz. 1998 and 1999 since as per the reservation policy the post of the President of the said Council was reserved for the general category for three consecutive terms in accordance with the roster prepared under the 1981 Rules, to which we will refer later. Before the second term of Vilas Patil could expire on 8th May 1999, the impugned Ordinance has been promulgated on 30th April 1999. The result of the impugned Ordinance and in particular, the newly inserted provision of Section 52(2)(c), which is applicable in case of the Bhiwandi Municipal Council, is that Vilas Patil would continue as the President of the Municipal Council till the term of office of the elected councillors expired in accordance with the provisions of Section 41 of the Municipal Councils Act.