SHAYAMA CHARAN GUPTA Vs. COMMISSIONER ALLAHABAD DIVISON

JUDGEMENT

(1.) A motion of no-confidence brought by the corporators of the Nagar Mahapalika, Allahabad against the Mayor in office, fixed on 6 July, 1993, was adjourned to 19 July, 1993. This petition by the Mayor of Allahabad, who was facing the motion of no confidence challenge the act of the meeting being postponed from 6 July, 1993 to the next date.

(2.) The petition has been virtually brought at the last minute. It came to Court yesterday, 16 July (Friday) during mid day. The meeting in question is fixed for 19 July (Monday). The Court was left with no option but to hear arguments on the petition and deliver its orders at a .special sitting at 10 A.M. on Saturday, 17 July, 1993. This petition was moved before another Court which, whatever be the reasons, released the matter for assignment to another Division. The Hon'ble the Acting Chief Justice marked this case to this Division Bench.

(3.) The issues raised in this petition are indirectly connected with the functioning of local government through elected representatives. In reality one cannot rule out the possibility of squabbles between the elected corporators on the city council nor the tussle between the political patties to edge and nudge in a vie for power. This business of politics is not the business of the Court, as long as whatever happens is in accordance with law. If in the politics of the functioning of working institutions, the law does not provide for all situation, then the Courts are obliged to interpret situations so that the system works for the purpose for which it was meant.