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1970 Supreme(Bom) 21

B.N.DESHMUKH, D.B.PADHYE
Ramkrushna Gangaram Rathi and Anr. – Appellant
Versus
Kisan Zingraji Madke. – Respondent


JUDGMENT - Padhye, J.

1. The only question pressed in this petition is, whether the requisition for convening a meeting to pass a resolution to remove a President of a Municipal Council need state the grounds on which the President is to be removed.

2. Section 55 provides for the removal of President and Vice-President. This section is the subject-matter of the main controversy in this petition and the construction of this provision is the matter of debate. Portion of Section 55 which is relevant for the purposes of the present controversy needs to be reproduced. It is:

"Section 55 (1). A president or a Vice President shall cease to be President or Vice President as the case may be, if the Council by a resolution passed by a majority of the total number of councillors (excluding the co-opted councillors) at a special meeting so decides.

(2) The requisition for such a special meeting shall be signed by not less than one-fourth of the total number of councillors (excluding the co-opted councillors) and shall, if such meeting is to be convened for considering the resolution for removal from office-

X X X X X

(4) x x x x

The co-opted Councillors













































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