2006 Supreme(Bom) 368

IN THE HIGH COURT OF BOMBAY
NITIN s/o MANGA SHIRSAT
Versus
STATE OF MAHARASHTRA
Decided on,MARCH 10, 2006

Headnote:Bombay Provincial Municipal Corporation Act, 1949 - Sections 20 and 21 Election Chairman of Standing Committee Fresh Standing Committee required to be appointed each year on first day of same month in which first meeting held Notice and meeting to appoint Chairman after completion of said month Validity of Notice convening meeting for election of Chairman one month after expiry of 30 days improper. So far as election of the Chairman of the new Standing Committee every year, the starting point is the date of retirement of half of the members specified in sub-section (3) of that Section. Consequently, the second clause is required to be read with sub-section (3) of Section 20. On reference to the said provision, it is evident that the legislation in its wisdom has not left the date of retirement at the option of the member of the Standing Committee. Half of the members of the Standing Committee, at the end of first year, by procedure of drawing lots and at the end of succeeding years, the senior half members of the Standing Committee stand retired on the first day of the month in which the first meeting of the Corporation as mentioned in subsection (2) of Section 20 was held. Thus, even if the first meeting of the Corporation for election of first Standing Committee was held after expiry of major portion of the calender month, that will not enable the first Standing Committee to continue to be Standing Committee exactly for a period of one year and up to the date of the same calender month of the succeeding year on which they were elected immediately after general elections. If they are elected on the first day of the calender month, the tenure of the members of the first Standing Committee may be exactly 365 days. But if they are elected in the general body meeting of the Corporation held on later date of the month, the life of the first Standing Committee shall stand curtailed to that extent from exact period of one year. If they are elected on the last day of the ca lender month, their tenure practically would be only 11 months. By subsection (3) of the Section 20, legislation has left no option to the members of the Standing Committee and they retire on the first day of the month of the succeeding year in which they were elected at the first meeting of the Corporation under Section 20(2). In the matter at hands, new complexion of the Standing Committee was and is due on every 1st December. Such an interpretation is strongly supported by sub-section (5) of Section 20, which casts on obligation on the Corporation to appoint fresh members in the month preceding the date of retirement specified in sub-section (3) of Section 20. Thu s, in the case of subject Corporation, the Constitution of the Standing Committee was to change on 1st December of every succeeding year and it was the responsibility of the Corporation to elect the half members of the Standing Committee to be substituted in place of members retiring on 1st December in the month of November itself.

       The starting point for computation of period of limitation of 30 days during which the Standing Committee can elect its Chairman is first day of the same calender month, in which first Standing Committee was elected after general elections, the same i 2nd of December in the matter at hands and, therefore, period of 30 days expired on 31st December, 2005 by taking 2nd December as day one for the purpose of computation, since the retirement of half the members of the Standing Committee was to take effect on 1st December, 2005. The notice dated 2nd January, 2006 convening a meeting for election of Chairman of the Standing Committee on 10th January, 2006 is, therefore, violative of Section 21 of the Bombay Provincial Municipal Corporations Act, 1949 and is required to be struck down.

       Bombay Provincial Municipal Corporation Act, 1949 - Sections 20 and 21 Computation of limitation period of 30 days for Election of Chairman. Starting point of computation of limitation period of 30 days during which Standing Committee can elect its Chairman is first day of same calendar month in which first Standing Committee was elected.

       Bombay Provincial Municipal Corporation Act, 1949 - Section 20 and 21 Election of the chairman of the new standing committee every year Starting point for computation of period of limitation of 30 days is first day of the same calender month, in which first standing committee was elected after general elections. So far as election of the Chairman of the new Standing Committee every year, the starting point is the date of retirement of half of the members specified in sub-section (3) of Section 20 of the Bombay Provincial Municipal Corporations Act. The senior half members of the Standing Committee stand retired on the first day of the month in which the first meeting of the Corporation, as mentioned in sub-section (2) of Section 20, was held. Thus, even if the first meeting of the Corporation for election of first Standing Committee was held after expiry of major portion of the calendar month, that will not enable the first Standing Committee to continue to be Standing Committee exactly for a period of one year and upto the date of the same calendar month of the succeeding year on which they were elected immediately after general elections. If they are elected on the first day of the calendar month, the tenure of the members of the first Standing Committee may be exactly 365 days. But if they are elected in the general body meeting of the Corporation held on later date of the month, the life of the first Standing Committee shall stand curtailed to that extent from exact period of one year. If they are elected on the last day of the calendar month, their tenure practically would be only 11 months. By sub-section (3) of Section 20, legislation has left no option to the members of the Standing Committee and they retire on the first day of the month of the succeeding year in which they were elected at the first meeting of the Corporation under Section 20(2). New complexion of the Standing Committee was and is due on every 1st December. Such an interpretation is strongly supported by sub-section (5) of Section 20 which casts an obligation on the Corporation to appoint fresh members in the month preceding the date of retirement specified in sub-section (3) of Section 20. Thus, in the case of subject Corporation, the constitution of the Standing Committee was to change on 1st December of every succeeding year and it was the responsibility of the Corporation to elect the half members of the Standing Committee to be substituted in place of members retiring on 1st December in the month of November itself. Consequently the Standing Committee ought to have held a meeting for the purpose and elected its chairman on 31st December, 2005 itself. The notice dated 2nd January, 2006 convening a meeting for election of chairman of the Standing Committee on 10th January, 2006 is, therefore violative of Section 21 of the Bombay Provincial Municipal Corporations Act, 1949 and is required to be struck down.