Back
HIGH COURT OF CALCUTTA
SINHA, J.
Narendra Nath Chakravorty - Appellant
Versus
Corporation Of Calcutta - Respondent
Decided on : Aug 13, 1959
CORPORATION - POWERS - DISCUSSION OF POLITICAL ISSUES - WHETHER PERMISSIBLE - CALCUTTA MUNICIPAL ACT, 1951 (WEST BENGAL ACT XXXIII OF 1951), SECTIONS 88, 91, 97, 124, 526 - RULES OF BUSINESS, RULE 17(D).
Fact of the Case:
The petitioner No. 1, a rate-payer and a registered voter of the Corporation of Calcutta, and the petitioner No. 2, a councilor of the Corporation, challenged the legality of certain resolutions tabled by councilors of the Corporation, which related to political events in Kerala and sought to express the Corporation's views on the same. The petitioners contended that the resolutions were beyond the scope and jurisdiction of the Corporation and that their consideration at an ordinary meeting of the Corporation was not in accordance with law. The respondents, on the other hand, argued that the councilors had a fundamental right of freedom of speech and expression under the Constitution, and that the resolutions were within the ambit of the Corporation's powers under the Calcutta Municipal Act, 1951.
Finding of the Court:
The Court held that the resolutions in question were wholly confined to a political issue, entirely unrelated to the municipal affairs of the City of Calcutta. The Court found that the subject matter of the resolutions related to a political body, namely the Government of Kerala, and its actions in relation to a mass-movement, which was again a political movement. The Court further held that the Corporation of Calcutta, as such, had not the least concern with the subject matter of the resolutions, and that they had no relation to any of its own activities. The Court also held that the discussions on the resolutions and the passing of any resolution with regard to the same would have no impact on the minds of the rate-payers and the citizens of Calcutta, and would have no influence on their instruction and education.
Issues: 1. Whether the resolutions tabled by the councilors were within the scope and jurisdiction of the Corporation of Calcutta? 2. Whether the consideration of the resolutions at an ordinary meeting of the Corporation was in accordance with law?
Ratio Decidendi: 1. The powers of a Corporation created by statute are limited and circumscribed by the statutes which regulate it, and extend no further than is expressly stated therein, or is necessarily and properly required for carrying into effect the purposes of its incorporation, or may be fairly regarded as incidental to, or consequential upon, those things which the legislature has authorised. 2. The Calcutta Municipal Act, 1951, which is the statute of incorporation of the Corporation of Calcutta, does not confer upon the Corporation any power to discuss and pass resolutions upon matters which are purely political, and which have no relation to any of its own activities. 3. The discussions on the resolutions and the passing of any resolution with regard to the same would have no impact on the minds of the rate-payers and the citizens of Calcutta, and would have no influence on their instruction and education.
Final Decision: The Court issued a writ of mandamus restraining the respondents from discussing the impugned resolutions or passing the same or taking any further steps in that behalf.
1. THE petitioner in this case is a rate-payer and a registered voter of the Corporation of Calcutta in its constituency No. 50. The petitioner No. 2 is a councilor of the Corporation. The respondent No. 4, as the Secretary to the Corporation, issued and Circulated among the members of the Corporation of Calcutta, agenda No. 12 in respect of a meeting, being the 9th ordinary meeting, to be held on the 19th June, 1959. The said agenda included a notice of a proposed resolution to be moved by a councilor, Sri Biman Behari Mitra, being item No. 15. A copy of the proposed resolution has been annexed to the petition and marked with the letter "a". A translation of the said resolution is set out below:-
"every inhabitant of India is specially worried about the recent happenings in Kerala. It is highly regrettable that the Government of Kerala under the guise of public welfare has for the purposes of suppression of a peaceful mass movement, effected police firing on members of the public, as a result of which, 5 persons have been killed and 32 injured. This meeting protests against the policy pursued by the Government in Kerala which is undemocratic, reactionary and is against the public interest, and requests the Government in Kerala to tender resignation and face a general election. "
2. THE said motion was not reached at the 9th ordinary meeting of the Corporation held on the 19th June, 1959 and was adjourned till the 26th June, 1959. The Secretary to the Corporation thereafter issued and circulated to the members an additional item of business, being item No. 29, to be taken up on the adjourned day, being a proposed resolution to be moved by Dr. K. P. Ghose and Sri B. L. Ghose, a copy whereof is included in annexure "a" to the petition. A translation of it is set out below:-
"the efficient way in which the elected Government in Kerala is carrying on the administration of the State within the frame-work of the Indian Constitution and the principles of democracy, is worthy of praiseworthy citation-particularly its progressive policy regarding agriculture, educational reforms and labor welfare. This Corporation condemns the undemocratic and malicious attempt to over-throw the Government of Kerala lawfully elected by the people, which is contrary to the traditions of the country. The Corporation approves of the democratic steps and peaceful attempts taken by the Government of Kerala and calls upon the peace-loving and democratic citizens of India to uphold the dignity of the Constitution. "
These two motions were not reached at the adjourned meeting held on the 26th June, 1959 and the consideration thereof was adjourned till the adjourned meeting of the 29th June, 1959. On the 29th June, 1959 at the adjourned meeting of the Corporation Sri Biman Behari Mitra moved the motion referred to above which was seconded by Sri Panna Lal Das and Sri Satyananda Bhattacharjee. An amendment was moved by Sri Naren Sen, which was seconded by Sri Nil Ratan Sinha, and the same was accepted by Sri Biman Behari Mitra. Another amendment was moved by Sri Subrata sen Sarma which was seconded by Sri Sachin Sen. These amendments have been set out in Schedule "a" to the affidavit- in -opposition field by the respondent No. 4. The second motion mentioned above was moved by Dr. K. P. Ghose and was seconded by Sri B. L. Ghose. On the 29th June, 1959 there was a long discussion, which was inconclusive and the meeting was adjourned to the 4th July, 1959. I shall have to deal with certain aspects of the discussion held on that day particularly the decision of the Mayor on the point as to whether the subject matter of the motions were appropriate under the provisions of the Calcutta Municipal Act, 1951 (hereinafter referred to as the "act" ). The relevant extracts from the proceedings of that day have been included in the Schedule "a" annexed to the affidavit of the respondent No. 4. It will be sufficient here to say that at that meeting an objection was taken
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
