JUDGMENT

Deepak Verma, J.

1. Leave granted. Arguments heard.

2. Even though a short but important and crisp question of interpretation of Section 41(2) of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter shall be referred to as the 'Act') arises for our consideration in these Appeals. The provision stands as under:

"SECTION 41

(1) The term of office of the Councillors shall be co-terminus with the duration of the council.

(2) A Councillor may resign his office unconditionally at any time by notice in writing in his hand addressed to the Collector and delivered in person and sign before the Collector and then only such resignation shall be effective." (emphasis supplied) This particular Sub-section (2) of Section 41 is required to be interpreted by us in this and the connected matter.

3. It is pertinent to mention, prior to amendment carried out sometime in 1994, said Section 41 stood as under:-

"Resignation of Councillors - (1)A Councillor may resign his office by tendering resignation in writing to the President. (2)Such resignation shall be effective on its receipt by the President."

But in these Appeals we are not required to consid