1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7935 OF 2008 Ateeq Ahmed Kamal Ahmed : Petitioner versus Malegaon Municipal Corporation and ors. : Respondents. Mr. N R Bubna for the Petitioner. Mr. Rahul Kate a/w Mr. Rupesh Zode for Respondent Nos.1, 2 & 4. Mr. R P Behere, Addl.GP for Respondent No.5. Mr.M M Vashi i/by Mr. M P Vashi for Respondent No.6. ALONG WITH WRIT PETITION NO.8094 OF 2008 Abdul Malik Mohammed Yunus : Petitioner. Versus State of Maharashtra and ors. : Respondents. Mr. M M Vashi for the Petitioner. Mr. R P Behere, Addl.GP for the Respondents/State. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 09th June 2010 P.C. 1 The above Petitions concern the constitution of the Standing Committee in terms of the Section 31A of the Bombay Provincial Municipal Corporations Act, 1949. 2 2 In so far as Writ Petition No.7935 of 2008 is concerned, the Petitioner, who is an independent councilor, seeks his nomination in the said capacity. In so far as Writ Petition No.8094 of 2008 is concerned, the Petitioner claims to belong to the Janta Dal Party and was nominated to the Standing Committee as per the resolution dated 18th November 2008 passed by the Respondent No.1-Municipal Corporation. The said resolution was passed in terms of the quota purportedly available for the said party. The said resolution came to be stayed by the State Government in exercise of the powers under Section 451 of the said Act. The said Petition has been filed impugning the said decision of the State Government dated 21st November 2008. The interpretation of Section 31A of the Act has had a chequered history and in view of the divergence of views expressed by the Division Benches of this Court, the matter was referred to the Full Bench pursuant to the order dated 25th February 2009 passed by the Division Bench in Writ Petition No.7935 of 2008. The Full Bench has answered the reference by its judgment and order dated 1st April 2010. The answers to the points formulated for reference have been crystallized in para 18 of the said judgment of the Full Bench. 3 However in the interregnum, whilst the issue was pending before the Full Bench, the Petitioner in Writ Petition No.8094 of 2008 has 3 been nominated as a member of the Standing Committee in a subsequent vacancy which had arisen. Therefore, in so far as the Petitioner in Writ Petition No.8094 of 2008 is concerned, his grievance in the said writ petition no more survives and the said Petition has to be disposed of accordingly as being turned infructuous. 4 In so far as the Petitioner in Writ Petition No.7935 of 2008 is concerned, as indicated above, Petitioner seeks his nomination to the Standing Committee as an independent member. In the light of the fact that the issues referred to the Full Bench now stand answered, the vacancy, if any, in the Standing Committee, would have to be filled up in accordance with the said judgment of the Full Bench. We, therefore, direct the Respondent No.1 to fill up the vacancy, if any, in the Standing Committee in terms of the judgment of the Full Bench which has interpreted Section 31A of the said Act. Respondent No.1 may initiate the said action within two weeks from date. With the aforesaid observations, we dispose of the said Petition. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]