JIWANLAL AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Birsinghpur and Sabhapur of tahsil Raghurainagar, district Satna, were previously, head-quarter of Gram Panrhayats constituted under the provisions of the Madhya Pradesh Panchayats Act. 1962. The State Government de established the Gram Panchayats and by notification dated 5th January, 1979 declared the local area comprised in Birsinghpur, Sabhapur and other villages to be a municipality from 26th January, 1979. This notification was issued under Section 5 of the Madhya Pradesh Municipalities Act, 1961. By another notification issued on the same date, the State Government constituted a committee under Section 16 consisting of 15 persons to function as a council for the purposes of the Act. This notification was issued under Section 16 read with Section 7 (b) of the Act. In the committee so constituted the petitioner was nominated as Junior Vice-President, In April, 1980 there was some proposal to supersede the committee and to constitute another committee of 15 other persons. That move was not pursued. On 16th January, 1981. the Government issued a notification, which is Document No. 5, by which the Block Development Officer, Maihgawan, was appointed Administrator of the Municipality as the period of two years of the council expired on 25th January, 1981. It is this notification which has been challenged in this petition under Article 226 of the Constitution.

(2.) The argument of the learned counsel for the petitioner is that there is no provision in the Act enabling the Government to appoint an Administrator when the term of a committee constituted under Section 16 expires. Learned counsel submits that the Government should have extended the terms of the council by one year under the proviso to Section 16 (2). The learned Government Advocate in reply submits that the Government has power to appoint an Administrator after the expiry of the period of the committee under Sections 16, 36 and 328 read together He also submits that it is not obligatory on the Government to extend the term of the committee appointed under Section 16.

(3.) To appreciate the rival contentions it is first necessary to have a look at the relevant provisions of the Act. A notification declaring a local area to be a municipality is issued under Section 5. If the local area declared to be a Municipality was previously a town area or a Panchayat, the government is required to constitute a committee in accordance with the provisions of Section 16 to exercise the power of the council pending its constitution. This is provided in Section 7 (b) of the Act. Section 16 reads as follows: