Since numberorders were passed on his stay petition, the appellant approached the Bombay High Court by way of Writ Petition C No.4465 of 1994.
If so, once the order of removal disqualification is set aside by the Government, the appellant is entitled to be put back in the same position which he was in before he was removed.
41/94, dated 4/10/94 passed by the Collector to disqualify Shri Baby Samuel as the member of the Municipal Council.
The facts stated above disclose that the appellant was removed from the office of the Councillor and as a companysequence he lost the office of the President of the Municipality.
The operative portion of the order reads Therefore, I, G.T.Bandri, Collector, Raigad Alibag, hereby, am disqualifying Shri Baby Samuel, present Chairman Khopoli Municipal Council, as member of the Municipal Council, under Sections 44 1 b and 44 3 of Maharashtra Municipal Council Act, 1965, and I am declaring that his post as member of the Municipal Council has become vacant from the date 5.10.1994.
J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.
The operative portion of the Governments Order reads In exercise of the powers companyferred by Section 44 4 in Maharashtra Municipal Councils, Nagar Panchayats and Industrial Towns Act 1965, the Government cancels the Order bearing No.
Inspite of the orders of the High Court, the State Government did number pass any orders on the stay petition.
675 of 1995 companytending mainly that before allowing the appeal he should have been heard and that number doing so vitiates the order.
The High Court directed the Government to dispose of the stay petition within one week and the appeal within three months from the date of its order.
This election was again a companysequence of the removal disqualification of the appellant by the Collector.
In this writ petition he applied for stay of implementation of the Government order.
The order of the High Court was made on October 26, 1994.
The Division Bench granted stay of the operation of the Governments order dated 7.1.1995 as prayed for by Shri Sable and rejected the application filed by the appellant to reinstate him in the office of the President.
M.A.1/28444/M.No.
Against the said order of removal disqualification the appellant filed an appeal before the Government under Section 44 5 of the Act alongwith an application for stay.
7059 60 OF 1995 Arising out of Special Leave Petition C Nos.8579 8580 of 1995 BABY SAMUEL V. TUKARAM LAXMAN SABLE ORS.
The said two orders are questioned in these appeals.
Shri Sable was elected as the President in the vacancy caused by the removal disqualification of the appellant and once the said removal disqualification of the appellant goes, the companysequential action cannot stand it falls to ground alongwith the order of removal.
On the basis of certain companyplaints pertaining to the period he was the Chairman of the said Committee, a numberice was issued to the appellant by the Collector calling upon him to show cause why he should number be removed from the officer of the Councillor under Section 44 of the Maharashtra Municipal Corporation Act, 1965.
Both the interlocutory applications in the two writ petitions came up for hearing before a Division Bench on 20th March, 1995.
In view of the vacancy occuring in the office of the President of the Municipality on account of the order disqualifying the appellant, the Collector companyvened a meeting on November 8, 1994 to elect the President of the Municipality, whereas the respondent Shri Sable was elected as the President.
On January 7, 1995 the Government allowed the appeal filed by the appellant and set aside the order of the Collector dated 4th October, 1994.
Simultaneously the appellant filed a writ petition being 1124 of 1995 for a direction to the authorities to reinstate him in the office of the President of the Municipality as a companysequence of the Governments order.
On account of a vacancy occurring in the office of the President of Municipality, an election was held to that office wherein the appellant was elected as the President.
In other words number only should he be restored to the Councillorship but also to the office of the President.
THE 9TH DAY OF AUGUST,1995 Present Honble Mr.Justice B.P.Jeevan Reddy Honble Mr.Justice Suhas C.Sen Mr.C.S.Vaidyanathan, Sr.
Prior to becoming the President, the appellant was the Chairman of a Committee in charge of awarding companytracts.
Because the State Government did number pass any orders on the stay petition filed by the appellant in his appeal preferred against the orders of removal disqualification, the Collector numberified and held an election to the office of the President whereat Shri Sable was elected as President.
The appellant showed cause, whereafter the Collector removed him from the office of the Councillor by his order dated 4.10.1994.
Mr.G.B.Sathe, Mr.S.M.Jadhav, Mr.A.K.Goel, Ms.Sheela Goel,Advs.
The Collectors order reads Iam disqualifying Shri Baby Samuel, present Chairman Khopoli Municipal companyncil, as member of the Municipal Council.
Heard companynsel for the parties.
Dr.N.M.Ghatate, Sr.
elected as a Councillor of the Khopoli Municipal Council in December 1991.
Questioning the aforesaid order of the Government, Shri Sable filed Writ Petition c No.
To this Shri Vaidyanathan, learned companynsel for the appellant demurred stating that the term of the appellant will be companying to an end in the year 1996 next year and since there is numberreal possibility of the aforesaid writ petitions being heard in the near future, denial of relief in this appeal companyld cause grave prejudice to the appellant.The companytesting respondent Shri Sable was also elected as a Councillor.
The appellant was?
with him for the Respondents.
J U D G M E N T P.JEEVAN REDDY.J. Leave granted.
