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1975 Supreme(Bom) 270

DHARMADHIKARI, LALIT
Bhaskar Atmaram Joshi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
A.P. Deshpande and V.N. Patrikar, for Petitioner; R.V. Patil authorised by A. G. P. (for Nos. 1 and 2) and M.L. Vaidya (for No. 5), for Respondents.

Judgement

DHARMADHIKARI, J.:- Petitioner Bhaskar Atmaram Joshi in this case was elected as a Municipal Councillor of the Nagpur Municipal Corporation. Besides being a Councillor, he was elected as a member of the Standing Committee of the Corporation in February 1975. On 26th June, 1975, he was detained under Maintenance of Internal Security Act, referred to hereinafter as the MISA, by an order of the Police Commissioner, Nagpur. By a notice dated 30th October, 1975 signed by the Deputy Municipal Commissioner, Nagpur Municipal Corporation, the petitioner was informed that as he failed to attend all the meetings of the Standing Committee since July 1975 his membership of the Standing Committee automatically came to an end as per Section 36 of the City of Nagpur Corporation Act. It is this notice and the action taken by the Deputy Municipal Commissioner which are challenged in this writ petition.

2. In the return filed on behalf of the Municipal Commissioner, Nagpur, the Municipal Commissioner submitted that the petitioner attended the meeting of the Standing Committee held on 21-6-1975, but he did not attend the meetings held on 8-7-1975, 17-7-1975, 8-8-1975, 22-8-1975 and 29-8-1975.
































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