Allowed

Amar Marutirao Naikwade v. the State of Maharashtra and Another

Bombay HC12 Jan 2017WP/404/2017

Case brief

AI extract

What is this about?

Petitioner challenged the cancellation of a meeting for electing the Vice President of Municipal Council, Beed, held in absence of the President without Collector's intervention. Court directed Collector to conduct meeting within a week ensuring Rule 5 compliance. Petitioner's grievance was accepted via specific directions.

What did the court decide?

Directed the Collector to take steps as per Rule 5, give three days notice, and hold the meeting within a week, ensuring the Collector presides if the President is absent.

Amar Marutirao Naikwade Vs the State of Maharashtra and Another — Election Law | Bombay HC (2017)

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1 18-WP-404.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.404 OF 2017

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Amar Marutirao Naikwade

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..Petitioner

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Vs.

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The State of Maharashtra
and anr.

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..Respondents

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Mr.V.D.Sapkal ， Advocate i/b. Mr.Sayyed Tauseef Yaseen, Advocate for petitioner

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Mr.V.M.Kangne, AGP for respondents

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CORAM : V.M. KANADE AND
SANGITRAO S. PATIL, JJ.
DATE : JANUARY 12, 2017

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PER COURT :

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Heard the learned Counsel for the

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petitioner and the learned AGP for the
respondents.

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2.The grievance of the petitioner is that a
meeting was fixed for election of Vice President

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of Municipal Council, Beed on 10.01.2017, however,

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it was cancelled as the President was absent. It

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2 18-WP-404.odt

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is submitted that though Rule 3 of the Maharashtra
Municipal Councils (Conduct of Election of Vice
President) Rules, 2005 (“the Rules”, for short)
contemplates that if a meeting is fixed for the
election of Vice President, it shall not be
cancelled or adjourned.

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3.Our attention is invited to Rule 5 of the
Rules, which contemplates that in case the office

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of President is vacant or the President is unable
to attend the meeting, such meeting shall be
presided over by the Collector or such officer as

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the Collector may nominate specially in this
behalf. It is submitted that this procedure has
not been followed by the Collector.

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4.The learned AGP for the respondents seeks

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time to take instructions.

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5.It is settled position in law that the
first meeting for the purpose of election of

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3 18-WP-404.odt

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President has to be held and after the President

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is elected, within 25 days and in the first
general meeting, Vice President has to be elected.
In this meeting, the President should preside over
the functions of the meeting.

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6.Rule 5 provides that for some reasons, if

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the President is unable to attend the said

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meeting, then the Collector shall preside over the
meeting. It appears that this procedure has not
been followed and the meeting was cancelled.

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7.We, therefore, direct the Collector to

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take appropriate steps as per the provisions of
Rule 5 of the Rules and after giving three days

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notice, within a week hold a meeting for the

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election of Vice President and on that day, if the
President is not present or is unable to attend
the meeting, the Collector shall preside over the
meeting and ensure that the election for the post
of Vice President is held.

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4 18-WP-404.odt

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8.With these directions, the Writ Petition
stands disposed of.

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9.The parties to act on authenticated
copies of the order.

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[SANGITRAO S. PATIL, J.] [V.M. KANADE, J.]

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kbp

Amar Marutirao Naikwade v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Amar Marutirao Naikwade v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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