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1976 Supreme(Bom) 171

DHARMADHIKARI, GINWALA
Municipal Council, Malkapur – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Spl. Civil Appln. No.610 of 1972:-C.G. Madkholkar, for Petitioner; V.P. Salve, Asstt. Govt. Pleader, for Respondents.Spl. Civil Appln. No.1691 of 1973:- C.G. Madkholkar, for Petitioner; V.P. Salve, Asstt. Govt. Pleader, for Respondents Nos.1 to 3.

Judgement

DHARMADHIKARI, J. :- General elections for electing the Councillors to the Municipal Council, Malkapur were held in June 1967. Thereafter, the first meeting of the Municipal Council for electing the President was held in July 1967 and it appears that one Shri J.N. Jadhao, who is respondent No.4 before us, was elected as the President of the Municipal Council. The term of the elected Councillors in the normal course would have expired in July 1972. But it appears that it was extended from time to time. Initially as there was an acute scarcity m the majority of the districts of Maharashtra in the year 1972, the State Government decided to extend the term of the Municipal Council upto 31st of December 1972. Then came the Maharashtra Municipal Council (Postponement of Elections due to Scarcity Conditions in the State) Act, 1972. By virtue of this enactment the elections were postponed. It appears from the record that in the meantime on 22nd May 1972 Shri Vallabhdas Jagannath Purohit was elected as the President of the Municipal Council. It is the case of the petitioners that after this election of Shri Purohit as a President, the opposite group in the Municipal Council started








































































































































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