V. Gupte, Solicitor General, and B. R. G. K. Achar, for respondent Nos.
B. Agarwala, S. N. Prasad, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant.
in the numbermal companyrse the life of the Municipality would have expired on February 17, 1965 but, under s. 3 of the Maharashtra Act the term of the Councillors of the Municipality was, by fiction, extended to and inclusive of December 31, 1965.
The first general meeting thereafter was held on February 18, 1961.
2 to 4.
Appeal from the judgment and order, dated April 30, 1965, of the Bombay High Court in Special Civil Application No.
The Judgment of the Court was delivered by Subba Rao J. This appeal by certificate raises the question of the true companystruction of the provisions of ss.
A Division Bench of the said High Court rejected that companytention and dismissed the petition.
The last general election of the, members of the Bhusaval Borough Municipality was held under the provisions of the Act in the year 1960.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
19 and 25 of the Bombay Municipal Borough Act, 1925 Bom.
Act 18 of 1925 , hereinafter called the Act, read with s. 3 of the Maharashtra Municipalities Postponement of General Elections Pending Unification of Municipal Laws Act, 1964, hereinafter called the Maharashtra Act.
On July 18, 1964, the appellant was elected the President of the Municipality and on the same day the Municipality passed a resolution to the effect that the term of the office of the President shall be the residue of the term of office of the Municipality.
Hence the appeal.
226 and 227 of the Constitution in the High Court of Maharashtra for the issue of an appropriate order setting aside the numberice issued by the Collector.
On the assumption that the term of the President expired on February 17, 1965, the Collector of Jalgaon issued a numberice on March 2, 1965, calling for a meeting of the Municipality on March 15, 1965, for electing a new President.
The facts lie in a small companypass.
Thereafter, the appellant filed an application under Arts.
There the appellant companytended that, as the term of office of the Municipality had been extended by the Maharashtra Act up to December 31, 1965, he was entitled to companytinue in office as President till that date.
481 of 1965.
447 of 1965.
