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1985 Supreme(Bom) 108

DHARMADHIKARI, N.M.JAMDAR
Chandrakant Chintaman Bhise – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
P.M. Pradhan and B.P. Apte, for Petitioners; D.P. Hegde, Addl. Govt. Pleader with R. D. Rane, Asst. Govt. Pleader; C.J. Sawant with R.B. Raghuwanshi and S.S. Joshi, for Respondents.

Judgement

JAMDAR, J.:- All these writ petitions raise an important question about ambit and scope of the power conferred on the State Government by cl.(a) of sub-sec. (10) of S.4 of the Bombay Primary Education Act, 1947, to nominate members of a Municipal School Board if the term of the office of the members of such a board expires during the supersession of electing authorised municipality. It is the purported or proposed action of the State Government in exercise of this power that is questioned in these petitions.

2. Writ Petition No. 1084 of 1983 is filed by the petitioners, who are respectively Chairman and Member of the Bhiwandi Municipal School Board which was constituted in July 1975 under S. 3 of the Bombay Primary Education Act. Bhiwandi Municipal Council which is the authorised Municipality within the meaning of S. 2(b) of the Primary Education Act was constituted after elections in Dec. 1974. The term of the Municipal Council was due to expire by the end of Nov. 1979. But, by the Government Resolution dt. 11th Dec. 1979 issued by the State Government under S. 40(1) of the Maharashtra Municipalities Act the term of the council was extended up to 30th Nov. 1980. Consequent







































































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