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2018 Supreme(Bom) 2170

MANISH PITALE
President, Municipal Council, Achalpur – Appellant
Versus
Additional Commissioner, Amravati Division – Respondent


Advocates Appeared:
For the Appellant : Amol Patil
For the Respondents: T.H. Khan, AGP.

JUDGMENT :

Manish Pitale, J.

1. This Writ Petition is filed by the Municipal Council, Achalpur, its President and Headmaster of the Higher Secondary School run by the Municipal Council at Achalpur Camp, Partawada, District Amravati. By this petition, the petitioners have challenged order dated 30-08-2014, passed by the Additional Commissioner, Amravati Division, whereby the Revision Petition filed by respondent no. 3, a teacher in the said school, has been allowed and order of the Collector, Amravati, has been set aside having the consequence of quashing and setting aside Resolution No. 126 dated 26-07-2013, passed by the Municipal Council concerning the manner of hoisting of National Flag in the school run by the Municipal Council.

2. A perusal of the said Resolution No. 126 dated 26-07-2013, shows that the Municipal Council resolved to restore the procedure of hoisting of flag on the building of the aforesaid school run by it. It is noted in the said resolution, that the flag always used to be hoisted on 26th January, 01st May and 15th August of each year on the building of the said school, but when the building was taken up for repairs, the flag was hoisted on the said dates in the

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