SHAMMI SHARMA Vs. MINICIPAL CORPORATION

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioners, Corporators of Municipal Corporation, Gwalior, prayed for a direction to the respondents for calling/convening the meeting of the Corporation as per their written requisition, Annexure P-2.

(2.) The petitioners are elected councilors of Municipal Corporation, Gwalior. Petitioner No.1 is also leader of opposition whereas the petitioner No.2 is former leader of opposition. On 27.12.2012 petitioners and 22 other elected councilors submitted a written requisition for calling the meeting of the Corporation to discuss eight points mentioned in their requisition letter. It is stated that the said points are of great public importance which require urgent consideration by the Corporation. It is further stated that total number of elected councilors is 60 and written requisition is signed by 24 elected councilors.

(3.) It is the case of petitioners that as per section 30 of Municipal Corporation Act, 1956 (for brevity, the 'Act') the Speaker or in the event of his incapacity, the Mayor must call a special meeting within two weeks of receipt of written requisition signed by not less than one third of the total number of elected councilors. It is further argued that in the event Mayor or Speaker do not act on the said requisition, the proviso makes it obligatory for the Commissioner to convene such meeting and in the present case the Commissioner has also failed to act in accordance with the statutory mandate of section 30 aforesaid.