BOMBAY HIGH COURT
*M. N. Chandurkar, Dharmadhikari, JJ.
President of the Council, Katol – Appellant
Versus
Municipal Councillors – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge based on councillor disqualification. (Para 1 , 4) |
| 2. meeting remains valid despite alleged procedural failures. (Para 2 , 9 , 10) |
| 3. collector's decision crucial for disqualification. (Para 3 , 6 , 8) |
1. The petitioner is this petition is the President of the Council, Katol, and the respondents Nos. 1 to 3 are the Municipal Councillors. Admittedly, on 5-9-1972 some Councillors gave a requisition to the Sub-Divisional Officer Katol who was performing the duties and exercising the powers of the Collector under S.55 of the Maharashtra Municipalities Ad, 1965 (hereinafter referred to as the Act), for a meeting to be called in which a resolution of no - confidence in the petitioner was to be mowed. On 6-9-1972 the Sub-Divisional Officer issued the necessary notice convening the meeting for 13-9-1972. The petitioner then immediately filed this petition praying that the notice of the meeting issued by the Sub-Divisional Officer should be quashed because, according to him, the three respondents who were signatories to the requisition had incurred a disqualification and. therefore ceased to be Councillors. According to the petitioner, the respondents
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