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2000 Supreme(Bom) 741

A.P.SHAH, A.M.KHANWILKAR
Raju Kisan Awale – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition, under Article 226 of the Constitution of India, takes exception to the notice issued by the Collector dated September 11, 2000, convening the special meeting of the respondent No. 4 Council on September 19, 2000 to consider the resolution of no-confidence moved against the petitioner.

2. Briefly stated, on December 17, 1998, the petitioner was elected as the President of the respondent No. 4 Municipal Council which consists of 52 elected Councillors. The petitioner's term as President of the Council was originally for a period of 2½ years from the said date, however, more than half of the total Councillors expressed No Confidence against the petitioner and called upon the Collector to convene special meeting of the Council, for the purpose of removal of the petitioner as the President, within the meaning of section 55 of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the said Act). Pursuant to the above said requisition the Collector issued impugned notice dated September 11, 2000 convening the special meeting of the Council.

3. This writ petition was moved for u









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