SHANKAR Vs. INDORE MUNICIPAL CORPORATINN

JUDGEMENT

(1.) The petitioner in his application under Articles 226 and 227 of the Constitution of India has inter alia prayed for the following reliefs :- (i) That, an appropriate writ, order or direction be issued quashing the adjourned meetings dated 28-1-1995 and 3-2-1995 called vide Annexures - P/13 and P/4 as null and void and nonest. (ii) That, it be ordered that the adjourned meetings held on 28-1-1995 and 3-2-1995 were not in accordance with the provisions of the M.P. Municipal Corporation Act, 1956 and the Rules made there under, ultra vires of the same and consequently the entire business done or transacted at such meeting including the declaration about constitution / formation of the Standing Committee and other Committees be declared to be void, ineffective and non-est.

(2.) Shorn of unnecessary details facts giving rise to the present Writ Application are that the election of Co0rporators of Indore Municipal Corporation (hereinafter referred to as 'Corporation ') was declared in November/December, 1994. The total number of corporators of the Corporation is 69. Respondent No.2 i.e. Revenue Commissioner of Indore Division, after election of the Corporators, called the first meeting of the Corporation, in exercise of the power, conferred under Section 28 of the M.P. Municipal Corporation Act, 1956 (hereinafter called as 'the Corporation Act') for election of Mayor, Deputy Mayor, the Standing and the Special Consultative Committees, by notice dated 23-12-1994. The date and time of the meeting was fixed at 11 a.m. on 5-1-1995 (Annexure P/1). The meeting as scheduled was held on 5-1-1995 at 7 p.m., but on that day only the election of the Mayor and the Deputy Mayor was held. In the election of Mayor, Respondent No.3, Shri Madhukar Verma, was elected and one Shri Ramesh Gagre was elected as the Deputy Mayor. As the notice issued by the Revenue Commissioner 23- 2-1994 pertains also to the election of the members of the Standing and the Special Consultative Committees and the said business was not transacted on 5-1-1995, under the orders of Mayor a notice dated 18-1-1995, Annexure P/3, was issued by the Secretary of the Corporation stating therein that rest of the items which were not taken up in the meeting of the Corporation held on 5-1-1995, shall be taken up on 28-1-1995.

(3.) According to the petitioner, the meeting called on 28-1-1995 was abruptly adjourned after passing resolution of condolence on account of death of one of the ex-Corporators. Thereafter, the meeting was adjourned to 3-2-1995 and a notice to this effect was issued by the Secretary of the Corporation on 28-1-1995 under the orders of Mayor (Annexure P/4). The notice contained the agenda of the meeting i.e. for election of the members of the Standing and the Special Consultative Committees. The meeting held or 3-2-1995 was presided over by Respondent No.3, Mayor of the Corporation and the members of the Standing and Special Consultative Committee were elected.