NARSINGH PRASAD Vs. CHAIRMAN GAYA MUNICIPALITY

JUDGEMENT

(1.) This application is made on behalf of the petitioner Sri Narsingh Prasad for grant of a writ in the nature of certiorari under Article 22S of the Constitution to call up and quash the order of the Cnairman of the Gaya Municipality dated the 3rd July, 1954 whereby he ordered that the- petitioner and Srimati Deoki Kuer should be recorded in place of the deceased Jugeshwar Lal in the assessment list for holding Nos. 15, 29 and 39 in Ward No. 5 and holding no 366 in Ward No 6 of the Gaya Municipality.

(2.) The argument put forward by Mr. Baldeva Sahai on behalf of the petitioner is that the order of the Chairman is ultra vires because substitution of the name of the petitioner and Srimati Deoki Kuer in place of the deceased Jugeshwar Lal could be made only by a committee constituted in the manner required by Section 117 of the Bihar and Orissa Municipal Act, 1922, and not by the Chairman acting on behalf of the Commissioners of the Municipality. In support of his argument learned counsel referred to Section 107 (1) (b) of the Act which is in the following terms :

(3.) In the present case We are of opinion that the procedure contemplated by Section 117 (1) applies and the question of substitution in place of the deceased Jugeshwar Lal for the holding in question should have been heard and determined by a Committee constituted in the manner required by Section 117 (1). It is argued on behalf of the petitioner that the Chairman acting on behalf of the Commissioners had the power to make alteration, but this argument is not right because Section 107 (3) provides that if any objection is made by any person interested in the alteration of the assessment list then the provisions of Sections 116 to 119 shall apply. It follows, therefore, that the procedure in this case should have been the procedure contemplated by Section 117 (1) of the Act. If that is the correct view to be taken regarding the interpretation of the relevant sections" it follows that the order of the Chairman dated the 3rd July, 1954 in this case is an order ultra vires and made without jurisdiction and must be quashed by a writ in. the nature of certiorari.