1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAW no. 1274/2009 in W.P.No. 2486/2009 Satish s/o Haribhau Malkapure and another vs. State of Maharashtra and another. Applicant: Sau. Vachhalabai w/o Nanaji Dhurve. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A. P. Lavande & P. D. Kode, JJ DATE OF RESERVING ORDER : 29.07.2009 DATE OF PRONOUNCEMENT : 31.07.2009 Heard Mr. A. Sambre, learned counsel for the petitioners, Mr. V.A.Thakre, learned A.G.P. for respondents 1 and 3 and Mr. Firdos Mirza, learned counsel for respondent no.4. 2. By this application respondent no. 4 seeks vacation of interim order dated 15th June, 2009 passed by this Court by which respondents 1 and 2 have been restrained from declaring the result of election to the post of President of the Municipal Council, Ghatanji. By filing the above petition the petitioners have challenged the notification dated 25.9.2008 issued by respondent no.1 reserving the post of President of the Municipal Council, Ghatanji for woman of Scheduled Tribe. According to the petitioners, the said notification 2` is contrary to the notification dated 18.12.2006 issued by the State Government and the action of respondent no.1 in reserving the post of President for continuous period of 12 years is illegal. According to the petitioners, the post of President of Municipal Council, Ghatanji has been reserved for the last 12 years and as such the petitioners are deprived of the right to contest for the post of President, Municipal Council, Ghatanji, which is impermissible in law. 3. This court by order dated 15.6.2009 permitted holding of election to the post of President, Municipal Council, Ghatanji, but ordered that result of the election would not be declared without obtaining permission of this court. 4. Mr. Mirza, learned counsel for respondent no. 4 submitted that the election to the post of President was held on 17.6.2009 and respondent no.4 was elected unopposed. According to Mr. Mirza, the notification dated 25.9.2008 has been issued as per the constitution of the mandate incorporated under Article 243(D) of the Constitution of India. Mr. Mirza submitted that the respondent no.4 having been elected as President of the Municipal Council, Ghatanji in terms of the notification dated 25.9.2008, is entitled to function as President of the Municipal Council, Ghatanji. He further submitted that under the provisions of the Act, 3` the Municipal Council can not function without President and as such interim order dated 15.6.2009 deserves to be vacated. 5. Mr. Sambre, learned counsel for the petitioners submitted that reservation to the post of President, Municipal Council, Ghatanji is patently illegal and, therefore, it is just and proper that respondent no. 4 is not permitted to function as President till the petition is decided. 6. Having heard the learned counsel for the parties and having perused the record, we are of the considered opinion that the application deserves to be allowed. Undisputably, respondent no.4 has been elected unopposed as President of the Municipal Council, Ghatanji on 17.6.2009. Moreover, the Municipal Council has to have a President. Whether the action of respondent no.1 in reserving the post of the President of Municipal Council, Ghatanji is legal or not is the question to be decided after hearing the parties but it would not be proper not to permit respondent no.4 to function as President of the Municipal Council, Ghatanji after she has been duly elected unopposed as President of the Municipal Council. 7. In view of the above, the application is allowed. Ad interim order dated 15.6.2009 stands 4` vacated. Respondents 1 and 2 are directed to declare the result of the election to the post of President, Municipal Council, Ghatanji held on 17.6.2009 and consequently respondent no.4 is permitted to function as President of Municipal Council, Ghatanji. However, the election of respondent no.4 as President of Municipal Council, Ghatanji shall be subject to the final order that will be passed in the petition. The application stands disposed of in the aforesaid terms. JUDGE JUDGE patle