WASUDEO Vs. COLLECTOR DURG

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution filed by Shri Wasudeo Yeshwantrao Rajimwale, who has been elected President of the Municipal Committee, Rajnandgaon. He has appointed two Vice -Presidents in accordance with section 18 (2) of the Central Provinces and Berar Municipalities Act, 1922 (No. II of 1922) hereinafter called the Municipalities Act - -but the Collector. Durg has refused to notify them as such. By this petition he prays for a writ of mandamus directing the respondents 1 to 3 to notify the names of the two Vice -Presidents nominated by him.

(2.) THE petitioner was a candidate for the office of the President for which the polling was held on 30 -4 1958, and after the counting on the same night, he was declared elected as President. His election was notified on 23 -5 -1958 In the meantime, on the coming into force of the Madhya Pradesh Municipalities (Amendment) Act, 1958 (Act No. 14 of 1958) - -hereinafter called the amending Acton 5 -5 -1958, section 18 of the Municipalities Act was amended by the amending Act. Instead of the Vice -President being nominated by the President under section 18 (2) of the Municipalities Act, it has been provided in the amending Act that the Vice -Presidents shall be elected by the members of the committee. The Collector, Durg, therefore, asked the Municipal Committee to elect Vice -Presidents and did not take notice of the names of the Vice -Presidents who had been nominated by the petitioner.

(3.) THE petitioner amended his petition by adding the names of the aforesaid elected Vice -Presidents as respondents 4 and 5 on 13 -1 -1959.