Sou. Aruna Raosaheb Ingole v. The State Of Maharashtra And ORS

rrpillai p-901-14955-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.14955 OF 2016 Sou.Aruna Raosaheb Ingole ...

Petitioner vs.

The State of Maharashtra & Ors.

...

Respondents .....

Mr.Machhindra A.Patil for the Petitioner.

Mr.P.G.Sawant, AGP for Respondent - State.

.....

CORAM : B.R. GAVAI,J.

DATE : 27 MAY, 2016 VACATION COURT P.C.:

1.

Mentioned. Not on board. Upon mentioning taken on board. 2.

The petitioner has approached this Court challenging the notice to no confidence motion issued against the petitioner. This contention of the petitioner that the no confidence motion cannot be issued until period of 2 years experience from the date of election of participation of the Municipal Council.

3.

The argument advanced on the basis of erroneous reading of section

55. Prior to 2006, the proviso to section 55 provided that no confidence motion could not be moved for period of 2 years from the date of election. By amendment in 2006 the said period is reduced to one year. 4.

In that view of the matter no case is made out for interference. The petition is rejected.

(B.R. GAVAI, J.) 1/1