NIRMAL NAHTA Vs. STATE

JUDGEMENT

(1.) Instant petition has been jointly filed by 18 petitioners who are elected members/Corporators of Jaipur Municipal Corporation ("Corporation/JMC"), with the grievance that despite various requests made by majority of elected corporators including petitioners, respondents-3 & 4 in particular, are avoiding to convene meetings of Corporation for constitution of various committees provided Under Section 55 of Rajasthan Municipalities Act, 2009 ("Act, 2009").

(2.) Election of Corporators of JMC was held in November, 2009. As alleged, the petitioners contested election of Corporators from their respective wards of JMC on tickets allotted by Bhartia Janta Party (BJP) and were declared as elected members of JMC. It has also been alleged that out of total strength of 77 members of JMC, majority of the elected members (46 Corporators) belongs to one political party. As a result of new composition of JMC, it started functioning since 26/11/2009 and respondent-3 was elected as Mayor cum Chairperson of JMC.

(3.) When respondent-3 failed to call ordinary general meeting of JMC as provided Under Section 51(1) of the Act, 2009, joint representation dt. 17/12/2009 (Ann.1) signed by 46 Corporators including Deputy Mayor & the petitioners was sent requesting respondent-3 to call special meeting Under Section 51(2) of Act, 2009 - pursuant to which, letter dt. 23/12/2009 (Ann.2) was sent by respondent-3 informing that action shall be taken in terms of Section 51(1) of the Act, 2009. But when respondent-3 failed to call special meeting in terms of their request made on 17/12/2009 (Ann.1), further request was made by 34 Corporators including petitioners on 24/12/2009 (Ann.3) while approaching Chief Executive Officer Under Section 51(3) of Act, 2009 requiring him to call special meeting, which he was under obligation to call within 10 days from 24/12/2009. It is relevant to mention that the Corporators had submitted their agenda regarding constitution of various committees and discussion on cleanliness of Jaipur besides other agenda items.