Samit Sayaji Borude v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7988 OF 2016 Samit Sayaji Borude Petitioner

Versus

State of Maharashtra & others Respondents Mr.P.B.Shirsath, advocate for the petitioner. Mr.S.S.Dande, A.G.P. for Respondents No.1, 2 and 4. Mr.S.T.Shelke, advocate for Respondent No.3.

Mr.P.N.Khedkar, advocate for Respondent No.5. CORAM : R.M.BORDE & K.L.WADANE, JJ.

DATE : 26th July, 2016 PER COURT:

Petitioner is praying for issuance of directions to the Respondents not to proceed with election programme dated 20.07.2016 for electing President of Respondent No.5 - Municipal Council till election to the post of Councillor from Ward No.3-B of Respondent - Municipal Council is held.

Elections to the post of President of Municipal Council cannot be stalled on account of occurrence of a single vacancy of councilor. The Municipal Council is deemed to be constituted on conduct of elections of 2/3rd number of wards and once the Council is duly constituted, the process for election to the post of President or Vice President need not be stalled. Section 19(1) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, makes it clear that on conduct of election of 2/3rd number of wards, the Municipal Council shall be

{2} wp798816.odt deemed to be duly constituted and as such, there is no legal foundation for seeking a direction for stalling election of the President of Municipal Council. The petition is devoid of substance.

Writ Petition stands dismissed.

K.L.WADANE R.M.BORDE JUDGE JUDGE adb/wp798816