Court : Mumbai Nagpur
..... the above writ petition filed under articles 226 and 227 of the constitution of india, takes exception to the order dated 28.01.2011 passed by the collector, nagpur by which the application filed by the petitioner herein invoking section 308 of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 came to be disposed of by observing that the offset printing machine, which is supposed to be used by the respondent no.3 is within 5 hp's which is the permissible limit in terms of the n.o.c. ..... as observed by the collector in the impugned order, if the respondent no.3 is using offset printing machine of more than 5 hp, it would be open for the petitioner to approach the municipal council in that respect and if such a complaint is made by the petitioner, it would be the statutory duty of the municipal council to address the same without the petitioner having to take recourse to the legal proceedings. ..... granted by the respondent no.2-municipal council the petitioner invokes section 308 of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 against the grant of the said n.o.c. ..... the municipal council in terms of the procedure applicable invited objections and suggestions from the members of the public on 07.07.2009 pursuant to which the petitioner herein, who is one of the neighbours, objected to the permission being granted. .....
Tag this Judgment!Court : Mumbai Nagpur
..... be that as it may, neither article 243-t of the constitution nor section 10 (5) of the haryana municipal act provide for any reservation to the office of the president in favour of any candidate who does not belong to scheduled caste or backward class. ..... whether any act or rule can curtail and put an embargo on the right of the municipal councillor elected from the reserved ward to contest the election to the office of president of municipal council if by virtue of roaster, such office is notified to be filled in by a member belonging to the general category was the question for determination before the honourable apex court in case of biharilal rada. ..... learned single judge of the high court of haryana, dismissed the writ petition and upheld the election of the appellant as president of the municipal council. ..... in the said case, appellant before the honourable supreme court who was belonging to reserved class, was elected on the post of president of municipal council, hissar though at the relevant time, according to the roaster, the post of president of the said municipal council was notified to be filled in by a member belonging to the general category. ..... there is nothing in the provisions of the 1973 act suggesting that in case the office of the president of a municipality is required to be filled in from the members belonging to the general category then only a member who has been elected as such from an unreserved ward alone can stand for election. .....
Tag this Judgment!Court : Mumbai Nagpur
..... is required to be noted that the suit as originally filed, is one challenging the notices under sections 53 and 54 of the maharashtra regional and town planning act, 1966 issued by the nagpur municipal corporation to the plaintiff. ..... is further required to be noted that the trial court was not aware of the order dated 20/11/2009 passed by this court by which the suit has been expedited and oblivious of the said fact, the trial court has allowed the amendment application on the specious ground that no prejudice would be caused to the defendants. ..... that as it may, in my view, considering the amendment sought, there is no causal connection between amendment and the relief sought in the plaint, which is qua the notices issued under sections 53 and 54 of the maharashtra regional and town planning act, 1966. ..... since the suit has already been expedited by the order dated 20/11/2009 passed by this court and since the time set by the said order has already expired, in my view, interest of justice would be served if the trial court is directed to hear and decide the said regular civil suit no.1175/2006 by 15th ..... needless to say that though the impugned order allowing the amendment application is set aside, it will be open for the plaintiff to file appropriate proceedings against the petitioner herein in future, if ..... my view, considering the subject matter of the suit and also the fact that the suit has already been expedited, it was not at all necessary to grant the said amendment application .....
Tag this Judgment!Court : Mumbai Nagpur
..... 6) the facts inter alia disclose that the respondent herein being the wife of an ex-employee of the municipal council was accommodated on the basis of the recommendations of the lad committee, however, after her appointment on 3/11/2009, her services came to be terminated on the ground that recommendations of the lad committee could not be made applicable to the post of coolie in the construction department of the municipal council and would be applicable only to the post of sweeper in the health department of the municipal council. ..... have been advanced, namely, that it is the contention of the learned counsel for the petitioners that the relief in the nature of final relief could not be granted at the interim stage whereas it is the submission of the learned counsel for the respondent that in the facts and circumstances of the case, the interim relief was justified, in my view, considering the nature of the controversy involved, which is limited to the fact as to whether the recommendations of the lad committee would be applicable and, therefore, the respondent could be given the benefit of the same, it would be just and proper ..... 4) in the said complaint, respondent filed an application for interim relief under section 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, which came to be rejected by order dated 6/7/2010 passed by the learned judge of the labour court. .....
Tag this Judgment!Court : Mumbai Nagpur
..... on 22.07.1996, the then chief officer of municipal council, chandur bazar forwarded a letter to respondent no.1 making a grievance in regard to the appointments of the petitioners and requested the respondent no.1 to take necessary action and pass necessary order by invoking section 308 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 [for short, the said act] whereupon the respondent no.1 passed an order on 23.12.1996 thereby suspending the implementation of the resolution nos. ..... the learned counsel further submitted that there was absolutely no reason for the then chief officer of the respondent no.2 municipal council to make a reference to the collector and to pray for an action under section 308 of the said act. ..... the first ground was that while making the special appointment the municipal council had not called for the list of the eligible candidates from the office of the employment exchange as well as the office of the social welfare department and the second ground is that the decision to make the appointments of the petitioners was taken in the meeting dated 22.03.1996 and consequently the appointment letters were issued on 04.05.1996 while the code of conduct was in force. .....
Tag this Judgment!Court : Mumbai Nagpur
..... a similar provision, namely explanation 2 (ii) to section 175 of the haryana panchayati raj act, 1994, was struck down by the division bench of punjab and haryana high court. ..... looking back at the experience of 33 per cent reservation for women in panchayats and municipalities over the last ten years, there is no doubt that it has had not one but several positive effects, among which, the main is that it provided the opportunity to several lakhs of women candidates to experience the hurly-burly of electoral politics. 16. ..... per contra, learned counsel for the respondents squarely relied on the provisions and on the admitted fact that the petitioners husband being the member of hindu undivided family of yashwant, the petitioner being his wife and a member of the said family, she automatically stood disqualified by virtue of the provision under the maharashtra village panchayats act. ..... while it is not possible for us to ascertain the legislative intent behind the same, one can perhaps theorise that there was an assumption that the intended beneficiaries are in a relatively better- off position to overcome barriers to political participation in urban local bodies, when compared with rural local bodies._ 43.it was also contended that since chairpersons of panchayats and municipalities are entrusted with executive powers, reserving these posts could prove to be the precursor for reservations of executive offices ..... gound and others [air 1973) bombay 1 (v 60 c 1)], and [3] smt. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it follows, therefore, that the provisions of article 137 of the schedule to limitation act, 1963 are not applicable to the proceedings under the act and that the relief under it cannot be denied to the workman merely on the ground of delay. ..... further holding that the provisions of the limitation act, 1963 were not applicable to proceedings under the said act, the labour court proceeded to allow aforesaid application and directed the petitioners to pay difference in wages to the respondent within a period of two months from its order. 10. ..... proceedings under section 33c(2) of the said act though basically are in the nature of execution proceedings, the labour court has jurisdiction to determine whether a workman has right to receive a particular benefit and for said purpose, the labour court can interpret the award or settlement on which the workmans right is based central bank of india ltd. ..... in support of aforesaid submissions, the learned counsel for the petitioners relied upon decision of the supreme court in municipal corporation of delhi vs. ..... in municipal corporation of delhi (supra), relied upon by the learned counsel for the petitioners, the workmen therein were held entitled to same pay as regular employees on the principle of equal pay for equal work . ..... for very same reason, decision of learned single judge in chief officer, sangli municipal council (supra), would also not apply. ..... 223, judgment of learned single judge in chief officer, sangli municipal council vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... therefore, the second proviso to section 31a(2) of the municipal corporations act which is a later expression of the will of the sovereign, in contrast to the stipulation as contained under sections 2(a) and 3(2) of the disqualification act, would enable the formation of postelectoral aghadis or fronts. ..... in this situation, he contends that the proceedings conducted on 20.03.2012 are in violation of provisions of section 31a of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as corporation act) and being unsustainable, the same are liable to be quashed and set aside. 9. ..... 1 municipal corporation and it is at the instance of the municipal corporation that the matter has been heard expeditiously, hence, we reject the request. ..... shri gordey, learned senior advocate has invited attention to various judgments delivered under the maharashtra cooperative societies act, 1960, or maharashtra land revenue code, 1966, to show that even a statutory remedy of revision is not found to be an alternative and equally efficacious remedy as it cannot be invoked by aggrieved person as of right. ..... 1 municipal corporation after 03.03.2012 or 16.03.2012 due to section 3(2) of the disqualification act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... case, making reference to the relevant provision, it was observed that if a councilor remains absent during four successive months from the meetings of the municipality except with the leave of the municipal council, he shall be disabled from continuing in the office and the office shall be made ..... considering the rulings cited before me and submission at the bar, in the present case, it is true that since 14.6.2012 the municipal councilors/petitioners were continuously absent in the meetings of the municipal council, but, in the facts and circumstances of the case, disqualification to hold office ..... 44 relates to decision of the authority as to whether the vacancy has arisen and the collector may give his decision upon receipt of the report from the competent officer from the municipal council under subsection (2) of section 44 or on his own motion or on the application made to him by ..... the ground of absence of all the petitioners herein/municipal councilors in the special meetings held on 14.6.2012 and 29.6.2012, an application was preferred by respondent nos.4 and 5 for absentee councilors' disqualification in view of section 44(1)(d) of the maharashtra municipal councils, nagar panchayats and industrial township act ..... period of six months in this case, without obtaining leave from the municipal council concerned, such a councilor would incur disqualification and his seat may be declared vacant on the ground of continued absence for statutorily prescribed period without any excuse. .....
Tag this Judgment!Court : Mumbai Nagpur
..... he further submits that though under article 243(q) a discretion is vested with the governor to constitute an area into small urban area or not, in so far as the provisions of sub-section 2 of section 3 of the said act are concerned, once the condition so specified in sub-section 2 are fulfilled then the state government has no other option than to specify the local area as a smaller urban area and constitute a municipal counsel for the same. ..... it can thus be seen that the only ground on which the state government has decided not to specify a smaller urban area as provided under sub-section 2 of section 3 of the act and for not constituting municipal council for the said area is on the ground of opposition of some of the village panchayats. ..... the petitioner has approached this court being aggrieved by the notification dated 12.2.2015 issued by the respondent no.1 thereby constituting an area within the amgaon gram panchayat area to be a nagar panchayat as provided under section 341(a) of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (for short the said act). ..... it will be also appropriate to refer to sub-section 2 of section 3 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965. 3. .....
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