MUNICIPAL COUNCIL DHAMTARI Vs. STATE OF M P

JUDGEMENT

(1.) BY order dt. 13-10-1971 passed by the State Government in exercise of powers under Section 328 of the Madhya Pradesh Municipalities Act, 1961, the Municipal council, Dhamtari, was dissolved. The Council has, therefore, filed this petition under Article 226 of the Constitution for quashing that order.

(2.) DHAMTARI Municipality has an annual income of more than Rs. 5,00,000/ -. As such it can have an engineer for the efficient discharge of its duties as is provided for in Section 88 of the Municipalities Act (hereinafter referred to as the Act ). That section further provides that the engineer shall belong to the State Municipal service and shall be appointed by the State Government. Section 94 of the Act also provides that the specified officers, which expression also includes an engineer, cannot be appointed by the Municipal Council without the previous sanction of the State Government. It appears that no engineer was appointed by the State Government in spite of repeated requests of the Council. It also appears that an overseer in the employment of the Council was suspended and there was no one to look after the construction work. The Council, therefore, requested the state Government that some overseer from State Service should be deputed for the time being. Even this request was not granted.

(3.) IT further appears that the Municipal Council was keen on constructing a cement road in the town of Dhamtari. As it required technical assistance, it employed in the abovesaid circumstances a retired engineer on daily wages of Rs. 12 and subsequently appointed him temporarily for a period of, six months on Rs. 300/per month. The Council had also sought ex post facto permission of the State government for this appointment. The Council also purchased certain quantity of gitti required for the construction of the road. The charges on the basis of which the Council was dissolved refer to irregularities committed by the Council in the two matters, namely, appointment of the engineer and purchase of the gitti.