VENKATA RAO AND OTHERS Vs. GOVERNMENT OF A. P. REPRESENTED BY ITS SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, HYDERABAD AND OTHERS

JUDGEMENT

(1.) Writ Petition Nos. 4777 and 5062 of 1982 The two writ petitions are inter linked. They are therefore disposed of together.

(2.) The strength of the Municipal Council, Srikakulam is 32. One seat is vacant. Elections to the Council took place on 9-8-1981. 31 members were elected. Some time thereafter, the election of the Chairman was held and the 2nd respondent was elected as the Chairman. On 1-9-1981 a requisition notice was given by some of the members asking the Chairman to convene a meeting for electing members to the standing committees as per Sections 43 and 74 of the Andhra Pradesh Municipalities Act, 1965 hereinafter called the Act. The Chairman sent a reply on 3-9-1981 that no Rules have been framed and that he had sought instructions from the higher authorities about the manner in which the elections have to be conducted and that he was awaiting the same. He requested the members to withdraw the notice. But the members sent a remainder on 14-9-1981 to convene a meeting on 25-9-7981. The Chairman again sent a reply rejecting their request. The members issued a third notice on 16-9-1981 that a meeting should be convened on 25-9-1981 for the purpose of electing members to the standing committees as per rules in force and circulated the same to all the 31 members. Pursuant to that notice a meeting was held on 25-9-1981 at 2-30 P.M. All the 31 members were present. The Chairman presided over the meeting. One Ch. Lakshminarayana one of the members raised a point of order that the election to the committees cannot go on unless the strength is fixed earlier at a separate meeting. The objection was upheld and the Chairman left the place without holding the meeting. 16 members who were present continued the proceedings. They first fixed the strength of the committees by a resolution. The Contracts Committee under Sec. 43 was to consist of the Chairman, Commissioner and 7 members of the Municipal Council, the Appointment Committee under first proviso to Sec. 74 was to consist of Chairman, Commissioner, District Educational Officer and 7 Municipal Councillors and the Appointment Committee under second proviso to Sec. 74 was to consist of the Chairman, Commissioner and 7 Municipal Councillors. Thereafter they conducted the election to the committees as per the strength fixed. The Commissioner, Srikakulam Municipality, the 3rd respondent herein addressed a letter to the Government on 13-9-1981 narrating the circumstances leading to the constitution of the Committees and sought for a clarification whether the proceedings were regular. In response to the letter of the Commissioner, the Government issued a memo No. 721/Eiecs. 1/81-8 Municipal Administration dated 6-7-1982 saying that the strength of the committees has to be fixed by a resolution before choosing the members of the Committee and the constitution of the contract committee and the appointment committees on 25-9-1981 without first fixing the strength is contrary to Rule 2 of the Andhra Pradesh Municipalities (Election of members of the Committees) Rules, 1981 hereinafter called the Rules, issued in G.O. Ms. No. 1077, Municipal Administration, dated 19-9-1981 and that the order of the Chairman upholding the point of order and cancelling the meeting is final under Sec. 51 of the Municipalities Act and the further proceedings held on that day are invalid. The Government directed the Commissioner of the Municipality to take action for election of the members of the Committees. It is the validity of this Memo dated 6-7-1982 that is assailed in Writ Petition No. 4777 of 1982.

(3.) Pursuant to the aforementioned Memo, the Chairman sent a notice to the members that a meeting of the Council will be held ort 17-7-1982 at 10-30 A.M. for the purpose of fixing the strength of the committees to be constituted under Sections 43 and 74 of the Municipalities Act. The Chairman issued another notice that a meeting of the Council will take place at 11-00 A.M. on 17-7-1982 for the purpose of electing members of the standing committees. Both the notices were dated 14-7-82. At the meeting held on 17-7-1932 serval members raised a paint of order that the meeting notice is invalid as there was no three clear days notice as contemplated under the Rules, that some of the members received the meeting notice on 15-7-1982 and hence the meeting may be adjourned. The Chairman overruled the objection. The Counsel fixed the strength in the meeting held at 10-30 A.M. and thereafter elected the members to the standing committees in the meeting held at 11-30 A.M. It is the validity of this proceeding that is assailed in Writ Petition No. 5062 of 1982.