Sanjay S/o Kisanrao Kenekar vs State of Maharashtra Through it’s Principal Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 70

S. V. GANGAPURWALA, S. G. DIGE
Sanjay S/o Kisanrao Kenekar – Appellant
Versus
State of Maharashtra Through it’s Principal Secretary – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. A.M. Karad, Advocate
For the Respondent:Mr. S.B. Yawalkar, Addl. G.P., Mr.Ajit B. Kadethankar, Advocate

JUDGMENT :

S.G. Dige, J.

Rule. Rule made returnable forthwith. With consent of the parties taken up for final hearing at admission stage.

2. The petitioner is appointed as a Part Time Chairman of Aurangabad Housing and Development Board, Aurangabad (Hereinafter referred to as “the Board”) by respondent no.1- State Government. On 31st January, 2020, a notification was issued under the Maharashtra Housing and Area Development Act, 1976 (Hereinafter referred to as “the said Act”) by respondent no.1 - State Government and by the said notification, the appointment of the petitioner as Part Time Chairman is cancelled. The said notification was communicated to the petitioner on 11th February, 2020. Same are assailed in the present Writ Petition.

3. Mr.Atul Karad, learned counsel for the petitioner submits that as per section 7 of the said Act, the term of petitioner as Part Time Chairman is for three years from the date of publication of appointment in the Official Gazette. He further submits that the petitioner was appointed on 9th July, 2019 by then State Government. Thereafter, the assembly elections took place in the month of October, 2019 and new State Government has formed by alliance o