Bharatbhushan Sonaji Kshirsagar Dr
v.
Abdul Khalik Mohd. Musa And Others
(Supreme Court Of India)
Civil Appeal No. Of 1993 | 15-12-1993
1. Leave granted
2. The High Courts order under appeal is extraordinary. By passing interim orders it has allowed the writ petition, bypassing Section 55-A of the Maharashtra Municipal Act, 1965. Thereunder, the State Government is empowered to remove the President of a Municipality for grounds mentioned therein. The mere fact that there were complaints against the appellant was no ground for the High Court to achieve his virtual removal, for which Section 55-A was meant. That field was open to the State Government alone to act upon. At best a direction could be issued to the State Government to expedite proceedings on the complaint to the respondents. Rather, Mr. Soli J. Sorabjee, learned Senior Counsel, appearing for the petitioner states that a direction to that effect may even be made by this Court so that the writ petition before the High Court stands disposed of on issuing such direction
3. Adopting that course we allow the appeal and direct the State Government to take steps under Section 55-A of the aforesaid Act within a reasonable time. And by this direction we treat the writ petition before the High Court as if disposed of. Ordered accordingly
4. No costs.
2. The High Courts order under appeal is extraordinary. By passing interim orders it has allowed the writ petition, bypassing Section 55-A of the Maharashtra Municipal Act, 1965. Thereunder, the State Government is empowered to remove the President of a Municipality for grounds mentioned therein. The mere fact that there were complaints against the appellant was no ground for the High Court to achieve his virtual removal, for which Section 55-A was meant. That field was open to the State Government alone to act upon. At best a direction could be issued to the State Government to expedite proceedings on the complaint to the respondents. Rather, Mr. Soli J. Sorabjee, learned Senior Counsel, appearing for the petitioner states that a direction to that effect may even be made by this Court so that the writ petition before the High Court stands disposed of on issuing such direction
3. Adopting that course we allow the appeal and direct the State Government to take steps under Section 55-A of the aforesaid Act within a reasonable time. And by this direction we treat the writ petition before the High Court as if disposed of. Ordered accordingly
4. No costs.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE B. P. JEEVAN REDDY
HON'BLE JUSTICE M. M. PUNCHI
Eq Citation
(1995) SUPPL. 2 SCC 593
LQ/SC/1993/1078
HeadNote
Municipal Corporation — Maharashtra Municipal Act, 1965 (53 of 1965) — S. 55-A — Removal of President of Municipality — Held, mere fact that there were complaints against appellant President was no ground for High Court to achieve his virtual removal, for which S. 55-A was meant — That field was open to State Government alone to act upon — At best a direction could be issued to State Government to expedite proceedings on the complaint to the respondents — State Government directed to take steps under S. 55-A within a reasonable time
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