JUDGMENT - PAREKH N.K., J.: - By this writ petition the petitioner seeks a writ quashing an order dated 20th December, 1985 passed by Shri R.T. Kharche, Sub-Divisional Officer, Bhandara, holding invalid a resolution dated 20th December, 1985 removing the President, Nagar Parishad, Bhandara, from the Presidentship of the Municipal Council.

2. The undisputed facts are that in the Municipal Council, Bhandara, there are 38 seats for Councillors, excluding the Councillors who are to be co-opted. That respondent No. 3 Nandurkar was elected President of the Council. On 13th December, 1985, 25 Councillors submitted a requisition to the Collector for convening a Special Meeting to move a Motion of Non-confidence against the President i.e. respondent No. 3. The Collector issued a notice dated 15-12-1985 for holding a Special Meeting on 20th December, 1985 at 1 p.m. At this meeting 36 councillors assembled, one of them being a co-opted councillor. Out of these 36 Councillors, 10 refused to mark their presence and left the meeting hall leaving behind 26 Councillors including a co-opted Councillor. The motion was then put to vote. As the co-opted Councillor had no vote he refrained from voting.

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