This court rejected a civil application filed by a former councillor challenging the appointment of a Commissioner as Municipal Corporation Administrator. The applicant sought reinstatement and restrictions on recruitment but could not substantiate apprehensions or legal embargoes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-AUG:1528-DB
962-CA-835-2024.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 835 OF 2024 IN WP/7590/2022
PRAKASH KAMLAKAR PATHAK
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS
Mr. A. N. Irpatgire, Advocate for Applicant Mr. R. S. Wani, AGP for Respondent No.1
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 19.01.2024
PER COURT :-
“(B) The order issued by the Principal Secretary, Urban Development-2, Govt. of Maharashtra, Mantralaya, Mumbai on 12.05.2022 bearing No.MCO-2020/Case No.79 (Part2)/UD-14 appointing the Commissioner, Latur City Municipal Corporation, Latur as Administrator may kindly be quashed and set aside by issuing writ of Certiorari or any other appropriate writ in the nature of writ of Certiorari;
1 of 4
(( 2 ))
962-CA-835-2024
(C) The respondent No.1 may kindly be directed to appoint independent Govt. Officer as a Administrator of Latur City Municipal Corporation, Latur by issuing writ of Mandamus or any other appropriate writ in the nature of writ of Mandamus; (D) The respondent Nos. 2 and 3 may kindly be directed not to take any financial and policy decision and make expenditure other than payment of salary, electricity bill by issuing writ of Mandamus or any other appropriate writ in the nature of writ of Mandamus;
(E) Pending hearing and final disposal of this Writ Petition, the implementation and operation of the order issued by the Principal Secretary, Urban Development-2, Govt. of Maharashtra, Mantralaya, Mumbai on 12.05.2022 bearing No. MCO-2020/Case No.79(Part-2)/UD-14 appointing the Commissioner, Latur City Municipal Corporation, Latur as Administrator may kindly be stayed;
(F) Pending hearing and final disposal of this Writ Petition, the respondent No.2 and 3 may kindly be restrained from exercising the powers and duties as a Administrator of Latur City Municipal Corporation, Latur by issuing an injunction order;
(G) Pending hearing and final disposal of this Writ Petition, the respondent No.2 may kindly be restrained from taking any financial, policy decision and from making any expenditure except payment of salary and electricity bills by issuing an injunction order.”
2 of 4
(( 3 )) 962-CA-835-2024
“(B) The respondent Nos. 2 and 3 may kindly be restrained from carrying out the recruitment process and to issue appointment orders in pursuance of advertisement dated 20.12.2023;
(C) The independent officer not below the rank of Revenue Divisional Commissioner may kindly be appointed to regulate the recruitment process in pursuance of advertisement dated 20.12.2023.
(D) The further proceedings in pursuance of the advertisement dated 20.12.2023 issued by respondent Nos. 2 and 3 may kindly be stayed.”
3 of 4
(( 4 )) 962-CA-835-2024
apprehension, he submits that the Administrator/Commissioner should not be permitted to carry out the recruitment and any other Government Officer should be appointed.
rejected .
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]
SMS
4 of 4
1 issue framed by the court
Whether a writ of mandamus can be issued on the basis of the petitioner's apprehension regarding wrong actions by the Administrator without substantiated allegations.
1 provisions across 1 enactments
Prakash Kamalakar Pathak
The State of Maharashtra through the Principal Secretary
RAVINDRA V. GHUGE
Y. G. KHOBRAGADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
