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The division bench questioned the maintainability of the petition, as to how the Court can intervene in a matter of administrative appointment.
A Division Bench comprising Chief Justice Dipankar Datta and Justice Madhav J Jamdar, on Thursday, questioned the maintainability of a PIL with respect to the appointment of a Non-IAS Officer as the Municipal Commissioner of the Mira Bhayandar Municipal Corporation.
The petition has challenged the appointment on the grounds that since the former commissioner was an IAS officer, therefore, the current appointment by the Chief Minister of a Non-IAS Officer as commissioner was not appropriate. The present commissioner was earlier appointed in the GST Department and Urban Development Department.
The Division bench questioned the maintainability of the petition as to how the High Court can intervene in the present petition which is an administrative appointment and that the appointment must be challenged before the Central Administrative Tribunal or Maharashtra State.
The petition is listed for 10th October.
Case title: Selvaraj Shanmugam vs. State of Maharashtra & Ors.
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