Judgment - Chagla, C.J.

1. The petitioner is a rate payer and a voter of the Amalner Borough Municipality which is opponent 3 to this petition, and he has sought for a writ of quo warranto against opponent 3 contending that the general election held on 2-3-1953, by which the councillors of the Amalner Borough Municipality were elected was null and void and therefore the Municipality has no power or authority to discharge the duties under the Municipal Boroughs Act. Certain reliefs were also sought against the State of Bombay and the Collector of East Khandesh, Jalgaon, who are opponents 1 and 2, but at the very outset Mr. Kotwal stated to the Court that he was not seeking any reliefs against the first two opponents and he would be content with a writ of quo warranto against opponent 3.

2. The councillors of the Amalner Municipality were elected in 1949 for a period of three years, the triennium ending on 15-1-1952. Under Section 25(1) of the Bombay Municipal Boroughs Act the term of office of a councillor of a Borough Municipality who is either nominated or elected at a general election is three years, but that term of office can be extended by an order of the State Government to a

Click Here to Read the rest of this document