THE COIMBATORE MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN, C.P. NANJAPPA AND ANR. Vs. THE STATE OF TAMILNADU, REPRESENTED BY THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT, AND LOCAL ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) ACCORDING to the averments in the affidavit filed in support of this writ petition, the Municipal Council, Coimbatore consists of 36 councillors elected from 30 wards and the last of the elections was held in February, 1964. Under Section 8(1) of the Madras District Municipalities Act, 1920 as it stood then,

(2.) THE affidavit further states that the petitioners herein were awaiting further orders, in pursuance of the statement made by the Government in G.O.Ms. No. 385 dated 4th March, 1969, that the question of holding elections to the ten municipalities would be considered later; in the first week of April, 1969, the Chairman of the Coimbatore Municipal Council met the then Secretary to the Government in the Local Administration Department, Thiru A.S. Balakrishnan and requested him to inform him about the position of the Government In respect of holding elections to the ten municipal councils including the Coimbatore Municipal Council; he however, informed that no decision had been taken in the matter as yet;. on 15th April, 1909, the chairman met Thiru E. C. P. Prabhakar, Secretary to Government in the said Department and again asked him for clarification about the position relating to the 1st petitioner municipal council and nine other municipal councils which were similarly placed; Thiru Prabhakar informed the Chairman that no elections would be held to these ten municipal councils before the expiry of the term on 28th April, 1969, nor would the terms of office of these councils be extended since Special Officers would be taking over these municipal councils on and from the noon of 28th April, 1969; and the petitioners have not received any written orders upto this date.

(3.) BEFORE proceeding to deal with the contentions of the learned Counsel for the petitioners, I must refer to one or two other statutory provisions on which reliance has been placed. Section 368 of the District Municipalities Act provides for the appointment of a Special Officer in relation to a newly constituted and reconstituted municipal councils. Sub -sections (1) to (5) deal with the cases of new constituted municipalities and Sub -section (6) thereof applies the provisions of Sub -sections (1) to (5) to all cases of reconstitution of municipal councils. The Madras Act X of 1968, namely, the Madras City Municipal Corporation and District Municipalities (Amendment) Act, 1968, amended Sub -section (5) of Section 368 as well as sub -, section (6) of Section 368. It is the amendment of Sub -section (6) of Section 368 which is relevant for the purpose of this writ petition and by that amendment the following expression was added at the and of Sub -section (6)