DEEP SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE result of election of municipal President and councilors was declared on 30.04.2013; 20 municipal councilors and one President were declared elected; first meeting of the Municipality was convened by the District Magistrate, which was presided over by the Deputy Collector/ SDM, Rishikesh, on 03.05.2013; wherein 8 newly elected municipal councilors and President could subscribe the oath, as required under Section 43 -D of the U.P. Municipalities Act, 1916; rest of the 12 members, thereafter, approached to the Government to subscribe them oath; second meeting was convened for and held on 08.06.2013 in the office of SDM and presided over by SDM wherein 12 remaining newly elected municipal councilors subscribed the oath.

(2.) MR . Ravi Babulkar, Advocate appearing for the petitioner, has vehemently argued that as per sub -Section 2 and sub -Section 4 of Section 43 -D, oath can be subscribed to the newly elected members and President only in three subsequent meetings of the Board and learned SDM was not authorized to convene a meeting in his chamber and subscribe the oath to remaining 12 newly elected municipal councilors, therefore, oath subscribed to remaining 12 newly elected municipal councilors was bad in law, consequently, respondents no. 4 to 15 have ceased to occupy office of members of Municipality.

(3.) SECTION 43 -D of the U.P. Municipalities Act, 1916 reads as under: