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HIGH COURT OF CALCUTTA
The Honble Justice Pranab Kumar Chattopadhyay And The Honble Justice Kishore Kumar Prasad
CHAINBANU KHATUN
VS.
STATE OF WEST BENGAL
M. A. T. 368 of 2009
Decided On: SEPTEMBER 09, 2009
CONVENING A MEETING - MEANING AND INTERPRETATION - WEST BENGAL MUNICIPAL ACT, 1993 - WEST BENGAL MUNICIPALITIES (PROCEDURE AND CONDUCT OF BUSINESS) RULES, 1995 - Whether convening a meeting will mean holding of the same - Held, convening and holding of the meeting will have identical meaning in relation to various provisions of the Act and Rules.
Fact of the Case:
The appellants, Councillors of Dhulian Municipality, challenged the right, authority, and jurisdiction of three Councillors to issue a notice calling a special meeting of the Board of Councillors to discuss and adopt a resolution for the removal of the Chairman, when the Vice-Chairman had already issued a notice convening a special meeting.
Finding of the Court:
The court held that convening a meeting and holding of the same cannot have identical meaning, as per Rule 7(2) of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995. Convening a meeting is a necessary step before holding a meeting, and a meeting can be duly held only after it is duly convened.
Issues: 1. Whether convening a meeting is synonymous with holding a meeting in the context of the West Bengal Municipal Act, 1993, and the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995. 2. Whether the three Councillors had the authority to convene a special meeting when the Vice-Chairman had already issued a notice convening a special meeting.
Ratio Decidendi: 1. The court interpreted the terms "convene" and "hold" as used in the Act and Rules and held that they do not have identical meanings. Convening a meeting is a necessary step before holding a meeting, and a meeting can be duly held only after it is duly convened. 2. The court held that the three Councillors did not have the authority to convene a special meeting when the Vice-Chairman had already issued a notice convening a special meeting in compliance with Rule 9(3)(b)(ii) of the Rules.
Final Decision: The court allowed the appeal, set aside the judgment and order of the learned Single Judge, and declared the resolutions adopted in the meeting held on 20th August 2008 pursuant to the notice dated 11th August 2008 issued by the Vice-Chairman as valid, operative, and to be given effect to forthwith.
( 1 ) THE only question that falls for consideration in this appeal is whether convening a meeting will mean holding of the same. In other words, convening and holding of the meeting will have identical meaning in relation to various provisions of West Bengal municipal Act, 1993 and West Bengal Municipalities (Procedure and conduct of Business) Rules, 1995.
( 2 ) THE appellants herein are the Councillors of Dhulian municipality who filed the writ petition challenging the right, authority and jurisdiction of the three Councillors to issue notice on 14th August, 2008 calling a special meeting of the Board of Councillors of the said Dhulian Municipality on 19th August, 2008 for the purpose of discussions and also to adopt resolution for removal of the Chairman of the said Municipality, when the vice-chairman of the said Municipality had already issued notice on 11th August, 2008 convening the special meeting on 20th August, 2008 in terms of Rule 9 (3) (b) (ii) of the West Bengal municipalities (Procedure and Conduct of Business) Rules, 1995 (hereinafter referred to as the said Rules, 1995 ).
( 3 ) THE learned Single Judge finally disposed of the writ petition on 8th April, 2009, holding that on failure of the chairman, the Vice-chairman of the said Municipality also failed to call the special meeting, pursuant to the request of the requisitionists, within the prescribed period as provided in Rule 9 (3) (b) (ii) of the said Rules, 1995 and the three Councillors had correctly exercised their rights under Rule 9 (3) (b) (iii) by calling the special meeting on 19th August, 2008.
( 4 ) ASSAILING the aforesaid judgment and order passed by the learned Single Judge, the instant appeal has been preferred. Undisputedly, the requisitionists served a notice on 22nd july, 2008 upon the Chairman of the Municipality to convene a special meeting of the Board of Councillors for discussion and to adopt a resolution for removal of the said Chairman. On failure of the Chairman, the Vice-chairman of the said Municipality by the notice dated 11th August, 2008 convened a special meeting on 20th august, 2008 to discuss the no confidence motion as mentioned in the letter of the aforesaid requsitionists dated 22nd July, 2008. A copy of the said notice was also forwarded to the District magistrate, Murshidabad for information by the Vice-chairman. Three Councillors of the Dhulian Municipality also issued a notice on 14th August, 2008 convening a special meeting on 19th august, 2008 for discussion and to adopt a resolution for removal of the Chairman of the said Municipality. By the aforesaid notice, all the Councillors were requested to attend the said special meeting. The said notice dated 14th August, 2008 issued by the three Councillors is set out hereunder:
NOTICE
Memo No. 01 (19)/d. M. / (camp office) Dated:14. 08. 08
To all Councillors-Sl. No.
Councilors Name
Designation
Ward No.
1.
Majahar Hossain
Councilor
1
2.
Hasnara Bibi
do
2
3.
Rahena Yeasmin
do
3
4.
Amrul Mahaldar
do
4
5.
Dilip Sarkar
do
5
6.
Sampa Das
do
6
7.
Prasanta Sarkar
do
7
8.
Safar Ali
do
8
9.
Chen Banu Khatun
Chairman ( Dhuliyan Municipality )
9
10.
Sundar Kumar Ghosh
Councilor
10
11.
Yeasin Sk.
do
11
12.
Afrin Bibi
do
12
13.
Mansur Ali
do
13
14.
Md. Badrul Sk.
do
14
15.
Majeda Bibi
do
15
16.
Bhagya Nath Das
do
16
17.
Shib Shankar Singha
Vice-Chairman ( Dhuliyan Municipality )
17
18.
Asiya Bibi
Councilor
18
19.
Nirmal Kumar Jain
do
19
As Chairman and Vice-Chairman of Dhuliyan municipality failed to convene Special meeting on the requisiton signed by councillors dt. 22. 07. 2008 and as per provision of rule 9 (3) (b) (iii) Chapter III of (West Bengal Municipalities (Procedure & Conduct of Business) Rules, 1995, We, the following councillors request you to attend the special meeting to be held on dt. 19-08-08 at 11:00 A. M. in Dhuliyan Municipal Office to discuss the following Agenda. Agenda-Discussion and to adopt resolution for removal of Chairman of D
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