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2015 Supreme(Bom) 117

M.S.SONAK
Mukesh K. Patel – Appellant
Versus
Daman Municipal Council – Respondent


Advocate Appeared
For the Petitioners:R.A. Thorat, Senior Advocate with Kishor Patil, Bhavesh Parmar i/b. Devmani Shukla, Vijay Prakash Yadav, Advocates.
For the Respondents:R1 to R3, Pradeep Jetley, Senior Advocate with S.S. Deshmukh, S.V. Chaugule, R4, M.S. Bhardwaj, Advocates.

JUDGMENT

1. As common issues of law and fact arise in these two petitions, they are being disposed of with a common order.

2. Accordingly, Rule in both the petitions. At the request of and with the consent of the learned counsels for the parties, Rule is disposed of finally.

3. Both these petitions challenge order dated 31 October 2014 made by the Administrator, Daman & Diu and Dadra & Nagar Haveli (Administrator) made under Section 298 of the Daman and Diu Municipalities (Amended) Regulation, 1994 (“said Act”) dissolving the Daman Municipal Council (“impugned order”).

4. The two petitions have been instituted mainly by the Councillors of the Council, because in terms of Section 298(2) of the said Act, when the Council is dissolved, all Councillors shall, on the date of dissolution, vacate their office as such Councillors.

5. The Administrator, issued a show cause notice dated 7 October 2014 to all the Councillors of the Council requiring them to individually, severally or collectively show cause as to why the Council should not be dissolved. The show cause notice made reference to report of the Director (Municipal Administration) which pointed out to a complete break-down in the admini
































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