S UDHAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THOUGH these three writ petitions relate to the mayoral post of Chennai City Municipal Corporation, in W.P.No.21056 of 2002 the constitutionality of the Tamil Nadu Municipal Laws (Amendment) Act, 2002 (T.N. Act 29 of 2002) is challenged, while at issue, in other two writ petitions viz., 19214 and 22365 of 2001, is the eligibility of the present Mayor Mr.M.K.Stalin to contest the Mayoral post elections, which was held during October, 2001.

(2.) FIRST of all, we deal with W.P.No.21056 of 2002. This is a pro bono publico filed by one Mr.S.Udhayakumar, advocate making the State of Tamil Nadu, Union of India and the Mayor of Chennai City Municipal Corporation as party respondents. Mr.M.K.Stalin was elected as the Mayor of the 3rd respondent-Corporation in the elections held during the month of October, 2001. The Chennai City Municipal Corporation is governed by the Chennai City Municipal Corporation Act, 1919, which is hereinafter referred to as the Act. Section 28 of the Act provides for the election of Mayor. Once before, Mr.M.K.Stalin was elected as Mayor in the year 1996 and had been functioning as such till 2001, and after the expiry of the 5 years term he again contested and won. He had not only been the Mayor but had also been the legislator too. He had been representing the Thousand Lights constituency of Chennai city ever since 1996, as he was again elected during May 2001 and had been holding dual posts of both Legislator and Mayor. Hitherto, there was no hindrance for holding dual posts. By Amending Act titled Tamil Nadu Municipal Laws (Amendment) Act, 2002 (T.N. Act 29 of 2002), herein after referred to as the Municipal Amendment, holding of dual posts is dispensed with by introducing Section 52-A, to the effect that if one is a legislator, he cannot be simultaneously be a Mayor or Deputy Mayor, and has to choose either of the same, and for that purpose 15 days time from the date of publication of the Municipal Amendment has been provided, and if there is no option exercised, then automatically such a legislator ceases to be a Mayor or Deputy Mayor, as the case may be. It is needless to mention that if the person resigns his post of Legislator, then he is entitled to his elected post of Mayor or Deputy Mayor. The Municipal Amendment was notified on 04.06.2002 and a notification was issued in Tamil Nadu Government Gazette in exercise of the power under Section 6 of the Municipal Amendment.

(3.) COUNTERING the above arguments, Mr. N.R. Chandran, learned Advocate General, submits that there is no locus standi for the petitioner to maintain the writ petition and that the Constitution Amendment incorporating Part IX-A has got no bearing on the Municipal Amendment and that the Municipal Amendment is not retrospective in operation but it is retro-active, that the post of Mayor is a right created by statute and it can be taken away by a statute and the Municipal Amendment is constitutionally valid.