SANTOKCHAND KANAIYALAL JAIN vs BHUSAVAL BOROUGH MUNICIPALITY AND OTHERS

The Supreme Court held that the term of office of the President of the Bhusaval Borough Municipality, elected under the Bombay Municipal Boroughs Act, 1925, was extended to December 31, 1965, by virtue of Section 3 of the Maharashtra Municipalities (Postponement of General Elections Pending Unification of Municipal Laws) Act, 1964. The Court clarified that the expression 'the residue of the municipality' in the municipality's resolution referred to the extended term provided by the Maharashtra Act, and thus the second proviso to Section 19 of the Municipal Boroughs Act was not applicable. The High Court's decision was overturned, affirming the appellant's right to serve until the extended date.