1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5307 OF 2009 Satish Yashwantrao Dhadge - PETITIONER VERSUS 1) The State of Maharashtra and others. - RESPONDENTS ***** Mr.I.S.Thorat, Advocate for Petitioner; Mrs.R.K.Laddha,AGP for Respondent No.1/State. Mr.V.S.Bedre,Advocate for Respondent No.2. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 6th November, 2009. PER COURT : . Heard. 2) By this petition, the petitioner challenges the communication dated 10th July, 2009 issued by Respondent No.2 – Commissioner, Ahmednagar City Municipal Corporation, Ahmednagar, whereby the Respondent No.2 – Commissioner sought to take over charge of the petitioner as Chairman of Municipal School 2 Education Board of Ahmednagar City Municipal Corporation. 3) The petitioner was elected member of the Municipal School Education Board of Ahmednagar Municipal City Corporation. Later on, the petitioner came to be elected as Chairman of the said School Education Board. During the tenure of the earlier elected body of the Board, i.e. for the period 2003-2008, fresh elections of the Municipal Corporations have taken place in the year 2008 for a period of five years and the counsel agrees that fresh School Education Board is required to be constituted in accordance with the provisions of law and till the new Board is constituted, the earlier School Education Board continues. 4) By an order dated 10th July, 2009, the Commissioner, based on the Government Circular, had directed the Chairman of the School Board that the powers vested in the School Education Board would be exercised by the Commissioner/Chief Officer of the concerned Municipal Corporation/Municipal Councils. 5) Learned Counsel Shri Bedre appearing on behalf on the Commissioner, Ahmednagar City Municipal Corporation, on instructions, makes a 3 statement that fresh instructions are received as regards handing-over the charge back to the petitioner. The Counsel further submits that new School Education Board is yet to be constituted. 6) We accept the statement made by Shri Bedre. 7) In view of this position, till the next School Education Board is constituted in accordance with the provisions of law, the earlier School Education Board would continue to function. Therefore, the impugned communication dated 10th July, 2009 (Exhibit-C of the petition) has become inoperative. 8) With these observations, the petition stands disposed of. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/5307.09