JUDGMENT - REBELLO F.I., J.:—Rule. Heard forthwith.

Learned Counsel for the respective respondents waive service.

Both the petitions are being disposed of by a common order as they give rise to the same issue. Petitioners in Writ Petition No. 4525 of 2003 are the elected Councillors of the Jalgaon City Municipal Corporation. On 11-10-2003, elections had taken place to the Standing Council of the Municipal Corporation, Jalgaon for 16 members of accordingly, 16 members were elected as Members of the Standing Committee. On the Standing Committee, being constituted, one of the Members of the Standing Committee has to be elected to the post of the Chairman. Under section 21 of the Bombay Provincial Municipal Corporation Act, 1949, the Standing Committee, at its first meeting, after its appointment, shall, from amongst one of its members, appoint one of them to be the Chairman and the Chairman shall hold office until successor has been appointed and or ceases to be a member of the Committee. On 18-10-2003, meeting of the Standing Committee was convened for 29-10-2003 for the purpose of electing the Chairman. On the date of convening of the meeting, the Municipal Commissioner was absent and the Acting Commissioner was present. There are some averments to the effect that the petitioners had raised objections to the effect that the petitioners had raised objections to the Acting Commissioners functioning. Those may not be relevant for disposing of the petition. Two nomination papers were filed. Both were accepted in the scrutiny held. The elections of the post of the Chairman was to be held at 11.30 a.m. on 29-10-2003.

The Acting Municipal Commissioner called upon all the members to elect one amongst themselves to act as Chairperson, for the purpose of conducting the elections. According to the petitioners, this was highly improper as, it was the first meeting of the Standing Committee and it had to be presided over by the Commissioner of Municipal Corporation, Jalgaon. The Standing Committee was divided with 8 members, supporting one name and the other 8 supporting the other. It is the case of the petitioners, that thereafter, they requested the Commissioner of Jalgaon City Municipal Corporationer that in terms of the provisions of section 65 of the Representation of the People Act, 1951. Since the candidates had got equal votes, then the Presiding Officer can be elected by drawing lots and the further election programme can be proceeded with. Petitioners case is that the Commissioner, without adopting the said method, refused to exercise his power, to elect Presiding Officer and adjourned the meeting till the afternoon on the same day. At 3.00 p.m., when all the members of the Standing Committee were present the Acting Commissioner, instead of presiding over the meeting as per agenda and instead of exercising the powers under law, declared that since Presiding Officer was not elected by the Members of the Standing Committee, the meeting was declared to have been over at 4.25 p.m. There are various other averments, to which we at this stage, need not advert to.

Writ Petition No. 4526 of 2003 is by a group of four other Corporators, who have been elected to the Standing Committee and claim a right to be elected to the post of Chairperson of the Standing Committee. The grievance raised by the petitioners here, is similar to that raised by writ petitioners in Writ Petition No. 4525 of 2003.

2. On behalf of the petitioners, their learned Counsel contends that if the provisions of the Act and the Rules are read together, at the first meeting of the Standing Committee, for the purpose of electing the Chairperson of the Standing Committee, the Municipal Commissioner has to preside over the meeting. In the instant case, there is failure by the Chairperson and considering that, a direction should go to the Chairperson to summon a meeting of the Standing Committee to elect the Chairperson.

On the other hand, on behalf of both the contesting resp

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