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SUPREME COURT OF INDIA
Dinesh Maheshwari, J.K. Maheshwari, JJ.
Hemant Narayan Rasne – Appellant
Versus
The Commissioner and Administrator of Pune Municipal Corporation & Ors. – Respondents
Civil Appeal No. 7685/2022 (Arising out of SLP(C) No. 9875 of 2022)
Decided On : 19-10-2022
Municipal Corporation - Standing Committee - Maharashtra Municipal Corporations Act, 1949 - Article 243U of the Constitution of India, Section 6, 6A, 20, 25, 29A, 452, 452A - The Court held that the Standing Committee ceases to exist upon the completion of the term of the Corporation and the Councillors. The appointment of an Administrator does not allow the Standing Committee to function beyond the Corporation's term. The Court emphasized the provisions of the Act and the Constitution, concluding that the Standing Committee stands dissolved along with the completion of the term of the Corporation.
Fact of the Case:
The appellant challenged the order appointing an Administrator for the Pune Municipal Corporation after its term ended, seeking to continue the functioning of the Standing Committee. The High Court dismissed the writ petition, stating that the Standing Committee ceases to exist upon the completion of the Corporation's term.
Finding of the Court:
The Court found that the Standing Committee ceases to exist upon the completion of the term of the Corporation and the Councillors. The appointment of an Administrator does not allow the Standing Committee to function beyond the Corporation's term.
Issues: The main issue was whether the Standing Committee could continue to function after the completion of the term of the Corporation and the Councillors.
Ratio Decidendi: The Court interpreted the provisions of the Maharashtra Municipal Corporations Act, 1949 and Article 243U of the Constitution of India to conclude that the Standing Committee stands dissolved along with the completion of the term of the Corporation.
Final Decision: The appeal was dismissed, affirming that the Standing Committee ceases to exist upon the completion of the term of the Corporation and the Councillors.
JUDGMENT :
DINESH MAHESHWARI, J.
Leave granted.
2. By way of this appeal, the appellant has questioned the order dated 29.03.2022 whereby, the High Court of Judicature at Bombay has dismissed the writ petition (No. 3627 of 2022) filed by him while asserting his capacity as the Chairperson of the Standing Committee of respondent No. 2, Pune Municipal Corporation1[Hereinafter also referred to as ‘the Corporation]and seeking the relief essentially to the effect that irrespective of expiry of the term of the Corporation, the Standing Committee shall nevertheless continue to function and the order issued by the Government on 03.03.2022, appointing an Administrator, does not forbid the Standing Committee from functioning in accordance with the provisions of the Maharashtra Municipal Corporations Act, 19492[Hereinafter also referred to as ‘the Act of 1949’/ ‘the Act’].
3. For comprehension of the relevant factual aspects, we may take note of the fact that the term of the Pune Municipal Corporation was coming to an end on 14.03.2022 and when the Government was informed that it would not be possible to conduct general elections for constitution of the new Corporation, the referred order dated 03.03.2022 was issued, appointing the Commissioner, Pune Municipal Corporation, as its Administrator. This order dated 03.03.2022 reads as under: -
| “GOVERNMENT OF MAHARASHTRA Urban development department Govt. Order No. M C O – 2020/ C. No. 71(part - 2) Na. Vi. – 14 Mantralaya (main building), 4th floor, Madam Cama road, Hutatma rajguru Chowk, Mumbai – 400032. Dtd. 03 March 2022. |
| Ref : -1] The Maharashtra act No. 1 of year 2021 dtd. 13/1/2021 2] The Maharashtra act No. 6 of year 2021 dtd. 23/03/2021 3] letter of the state election commission No. Ra Ni Aa/ Ma Na Pa – 2020 / C. No. 7 / Ka – 5 Dtd. 02/02/2022. |
| Government Order |
| 2] It has been informed vide ref. No. 3 that, it will not be possible to conduct general elections whose tenure is ending in the months of March – April, 2022; within the prescribed time and also to appoint the administrator there after the tenure of the local bodies is over. |
| 3] As the tenure of the municipal corporation is at the most five years from the date of the first meeting as per the article 243 U of the Constitution of India and also as per the provision in the sec. 6, 6(A) of the Maharashtra municipal corporation act 1949, hence the above said tenure cannot continued beyond that. |
| 4] Due to this, The appointment of the Commissioner, Pune Municipal Corporation is being made as the administrator at the Pune Municipal Corporation whose tenure is ending on the date 14/03/2022, as per the provisions in the of the Maharashtra municipal corporation act 1949 and especially as per the provisions in the (1 A), (1 B) of the sec. 452 A. |
| 5] The Commissioner, Pune Municipal Corporation should take the charge as the administrator when the prescribed tenure of the Pune Municipal Corporation is over and carry out the necessary procedure as per the provisions in the act. |
| In the name of and by the order of the Hon. Governor of Maharashtra. |
| Sd/- (Mahesh Pathak ) The Principal Secretary (Na Vi – 2 )” |
3.1. The case of the appellant is that on 24.02.2022, the programme for election of the new Chairperson of the Standing Committee of the Corporation was announced; and in the elections conducted on 04.03.2022 in that regard, he was duly elected as the Chairman. The appellant made a representation on 10.03.2022 to the effect that irrespective of the appointment of Administrator, the Standing Committee will remain in existence until constitution of new Standing Committee after general elections
AI
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