S.W.PURANIK, K.MADHAVA REDDY, V.A.MOHTA
Vidarbha Nagarpalika Parishad & others AND Municipal Council, Murtizapur, through its President AND Ballarpur Municipal Council, through its Preside – Appellant
Versus
Governor of the State of Maharashtra & others AND State of Maharashtra & another – Respondent
K. MADHAVA REDDY, C.J.:---This batch of writ petitions is referred to a larger Bench to reconsider the constitutional validity of section 48-A of the Maharashtra Municipalities Act, 1965 (Act No. XL of 1965), (hereinafter referred to as "the Act"), which was upheld by a Division Bench of this Court in (Mohamed Maqbool v. State of Maharashtra)1, 1982 Mh.L.J. 417. Section 48-A of the Act reads as follows :---
" 48-A(1) Notwithstanding anything contained in section 40 or any other provisions of this Act, where the term of office of five years of the Councillors of any Council has expired and the State Government is of opinion that in the changed circumstances the continuance of such Councillors in office is not necessary or expedient, the State Government may, at any time, even during the period the term stands extended under sub-section (1) or (8) of section 40, by order, published in the Official Gazette, direct that-
(a) all Councillors of the Council (including the president and the Vice-President) shall, as from the date specified in the order, cease to hold and shall vacate their offices as Councillors or otherwise; and
(b) the person appointed by the State Government, fro
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