RAVI ANANDILAL UMRE Vs. COLLECTOR WARDHA

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) Rule. Rule made returnable forthwith by consent of parties as short question is involved. Counsel for the respondents and intervenors waive notice. By consent, matter is taken up for final disposal forthwith.

(3.) The short question that arises for our consideration is; whether the application submitted by the petitioners for recognizing Aghadi dated 26/12/2006 to the Collector, Wardha is barred by limitation The requirement to register Aghadi emanates from the mandate of Section 63 of the Maharashtra (Municipal Councils), (Nagar Panchayats and Industrial Townships) Act, 1965 (In short, the Act). The admitted facts are that the election results were declared on 27/11/2006 and in terms of Section 63, applications for recognizing Aghadi was required to be submitted within a period of not more than one month from the date of notification of election results. It is the case of the petitioners that such application was submitted to the Collector on 26/12/2006. That position is substantiated from two clinching circumstances. The first is that the letter sent by the petitioners is dated 26/12/2006. The same bears seal indicating that it has been received on 26/12/2006 in the office of the Collector and acknowledging that position. As the application submitted was lacking in some matters, those matters were supplemented and cured by the petitioners on 27/12/2006. The Collector, however, in his communication dated 13/12/2007 informed the petitioners that the proposal submitted by them cannot be considered as it was barred by limitation having been submitted on 27/12/2006. The correctness of this view is put in issue in the present petition.