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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.J. KATHAWALLA, SURENDRA P. TAVADE, JJ.
Bhagwan Shankar Bhalerao – Petitioner
Versus
State of Maharashtra, through its Secretary, Urban Development Department – Respondent
Writ Petition (ST) Nos. 10544, 10801, 10828 of 2021
Decided On : 09-06-2021
Maharashtra Municipal Corporations Act, 1949 - Section 20 - Constitution of the new Standing Committee - Election of the Chairman of Standing Committee - Due to Covid-19 Tenure of the Chairman and members of the Standing Committee who had retired, shall stand extended until further orders - Challenged - Whether the tenure of Shri Patil as the Chairman of the Standing Committee has concluded by reason of him retiring as a member of the Standing Committee? Consequently, whether his office as Chairman can continue only upto his membership of the Standing Committee - Whether the Standing Committee constituted as of 1st April, 2021 is barred, under Section 21(5) of the Maharashtra Municipal Corporation Act, 1949 from appointing a Chairman of the Standing Committee by reason of thirty days from the date of its reconstitution having elapsed?
Finding of the Court:
There can be no manner of doubt, on a bare perusal of Sections 20 and 21 of the Act, that a Chairman of the Standing Committee must first and foremost be a member of the Standing Committee. Admittedly, Shri Patil is not a member of the Standing Committee having retired on 1st April, 2021 - members would retire “one year after” their election under sub-section (2), to be eligible for being re-appointed and their continuation in the office for specified period. Proviso to sub-section (4) envisages that a person is reappointed, the term of his office for the purposes of the said sub-section shall be computed from the date of his re-appointment - for the purpose of constitution of the Standing Committee, term will relate back to the date of first meeting of the Corporation after general elections. The fact that the Standing Committee was not so constituted for whatever reason would not extend the term of office of members beyond the term specified in sub-section (3) which mandates that one-half of the members of the Standing Committee shall retire every succeeding year at noon “on the first day of the month” in which the “first meeting of the Corporation” referred to in sub-section (2) was held. Since sub-section.
Result: Petition disposed of
JUDGMENT :
S.J. KATHAWALLA, J.
1. The above three Writ Petitions pertain to the reconstitution of the Standing Committee and election of a Chairman to the Standing Committee of Ulhasnagar Municipal Corporation (“the Corporation”). The Petitioners in each of the three Petitions are elected Councillors of the Corporation and either present or former members of the Standing Committee. Although the reliefs sought in Writ Petition (St) No. 10544 of 2021 are different from the reliefs sought in Writ Petition (St) No. 10801 of 2021 and Writ Petition (St) No. 10828 of 2021, they arise out of common set of facts and have a direct bearing on each other and raise common questions of law. In view thereof, we considered it desirable to hear all these Petitions together.
2. By consent of parties, these Writ Petitions were heard finally at the admission stage and are being disposed of by this common Order.
3. Writ Petition (St) No. 10801 of 2021 has been fled by Shri Bhagwan Bhalerao (“Shri Bhalerao”), who is an elected Councilor of the Corporation. Shri Bhalerao was appointed as a member of the Standing Committee of the Corporation w.e.f. 1st April, 2021, pursuant to a resolution dated 22nd March, 2021 passed by the Corporation at its general body meeting. Respondent No. 1 is the State of Maharashtra through its Under Secretary, Urban Development Department, Government of Maharashtra (“State Government”). Respondent No. 2 is the Divisional Commissioner, Navi Mumbai (“the Divisional Commissioner”). Respondent No. 3 is the Collector, Thane (“the Collector”). Respondent No. 4 is Ulhasnagar Municipal Corporation through its Commissioner. Respondent No. 5 is Ulhasnagar Municipal Corporation through its Secretary (“Municipal Secretary”).
3.1 By the said Resolution dated 22nd March, 2021, 8 members of the Standing Committee retired and 8 new members were appointed in place of the retiring members. This was consistent with the mandate of the Maharashtra Municipal Corporations Act, 1949 (“the Act”), and specifically Section 20 that deals with the constitution of the Standing Committee of a Municipal Corporation. The reconstituted Standing Committee with the 8 new members was to take effect from 1st April, 2021.
3.2 After constitution of the new Standing Committee w.e.f. 1st April, 2021, the Municipal Secretary with the consent of the Collector, issued a Notice dated 8th April, 2019 calling for a Special Meeting of the Standing Committee on 15th April, 2021, for election of the Chairman of Standing Committee. The election of a Chairman of the Standing Committee is provided for by Section 21 of the Act.
3.3 However, the State Government vide its direction dated 9th April, 2021 directed all Municipal Corporations, Collectors, etc. to postpone the election for appointment of Chairman and members to the Standing Committee till further orders, in view of the strict lockdown imposed by the State Government on 4th April, 2021 due to huge rise in the number of cases due to second wave of Covid-19 pandemic. Upon receiving the aforesaid direction dated 9th April, 2021 from the State Government, the Collector vide its letter dated 9th April, 2021 addressed to the Corporation, postponed the election for Chairman of the Standing Committee, scheduled on 15th April, 2021.
3.4 Pursuant thereto, the State Government after re-considering the Covid-19 situation, by an order dated 6th May, 2021 informed all Municipal Corporations that the tenure of the Chairman and members of the Standing Committee who had retired, shall stand extended until further orders. According to the Petitioner in Writ Petition St. No. 10801 of 2021, despite a new Standing Committee having already taken charge of their office w.e.f. 1st April, 2021, the aforesaid letter/order was issued by the State Government to the Corporation.
3.5 In view thereof, the Petitioner fled the said Petition challenging the said order dated 6th May, 2021 and sought the following reliefs:
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