pvr 1 wp4842-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4842 OF 2011 Mohammed Sultan Mohammed Haroon. ...Petitioner vs. 1.State of Maharashtra & Ors. ...Respondents --- Mr.M.M.Vashi i/b. M/s.M.P.Vashi & Associates, for Petitioner. Mr.V.S.Gokhale, AGP for Respondent nos.1 & 4. Mr.R.B.Raghuvanshi with Ms.Rutuja Ambekar, for Respondent nos.2 & 3. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 13th July,2011. P.C.:- 1. The relevant and admitted facts are that the petitioner was elected as member of the standing committee of respondent no.2 Municipal Corporation on 30.7.2009. Election of one of the pvr 2 wp4842-11 members of the standing committee as a Chairman became due on 10.8.2010. However, admittedly for some reasons the election meeting could not be held. Ultimately a meeting was held on 21.12.2010 and the petitioner was elected as its Chairman. In this petition, the petitioner claims that he is entitled to continue to hold the office of the Chairman of the Standing Committee for a period of one year from 21.12.2010. The learned Counsel appearing for the Corporation on the other hand pointed out that in view of the provisions of sub-section (1) of Section 21 of the Bombay Provincial Municipal Corporations Act in order to be and continue to be a Chairman of the Standing Committee, the person concerned must be member of the standing committee. The tenure of the petitioner as a member of the standing committee would come to an end on 30.7.2011. Therefore, the petitioner cannot claim that he should hold the office of the Chairman beyond 30.7.2011. There is no dispute that the petitioner s tenure as a pvr 3 wp4842-11 member of the Standing Committee will come to an end on 30.7.2011, though he may have right to get re-elected. In view of the provisions of Section 21(1) of the Bombay Provincial Municipal Corporations Act, the basic qualification for being Chairman of the Standing Committee is that the person must be member of the Standing Committee. Therefore, on 30.7.2011 the moment petitioner ceases to be a member of the Standing Committee, he will cease to be its Chairman. The provision of Sub-section (3) of Section 21 of the Act makes the position clear beyond any doubt. In our opinion, the petition cannot be entertained. It is disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.) ---