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1970 Supreme(Bom) 23

D.B.PADHYE, B.N.DESHMUKH
Bhaskar Narayan Hardikar and Anr. – Appellant
Versus
S. G. Daithankar – Respondent


JUDGMENT - Padhye, J.

1. In a general election held on 3-6-1967, 22 Councillors were elected to the Municipal Council, Bhandara. In the first meeting held thereafter on 2-7-1967 the petitioner No. 1 Bhaskar was elected as the President of the Municipal Council and one Fattu Meshram was elected as the Vice-President Two persons were co-opted to the Council and thus the total number of the Councillors in the Bhandara Municipal Council was 24 after the co-option of the two Councillors. The Vice-President Fattu Meshram died on 18-1-1969 and his seat as an elected Councillor became vacant with the result that on his death the Council actually consisted of 21 elected Councillors and two co-opted Councillors though the normal strength of the Council was 22 elected Councillors and two co-opted Councillors.

2. On 24-1-1969, 11 members of the said Council gave a requisition to the Collector for convening a meeting to pass a resolution to remove the President of the Council, the petitioner No. 1. Accordingly, the Collector by notice dated 27-1-1969 contended a meeting of the Councillors for 1-2-1969 to consider the resolution for removing the President. The meeting was held on 1-2-1969 as sche




























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