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IN THE HIGH COURT OF CALCUTTA
Debasish Kar Gupta, J.
Jyotirmoy Mukhopadhyay - Petitioner
Versus
State of West Bengal & Ors. - Respondents
W.P. No. 27000 (W) of 2014
Decided On : 24-12-2014
For the Petitioners:Saktinath Mukherjee, Saptangshu Basu, Kishore Datta, Biswaroop Bhattacharya, Reshmi Ghosh, Dipayan Kundu, Tannistha Bandopadhyay and Srijib Chakraborty, Advocates
For the Respondent Nos.:Jayanta Mitra, Ld. Advocate General, Billawadal Bhattacharyya, Chandra Sekhar Banerjee and Riya Banerjee Ghosh, Advocates
For the State :Abhratosh Majumdar, Ld. G.P., N.C. Bihani and T.M. Siddiqui, Advocates
The State Government's power to appoint Administrator in accordance with the provisions of sub-section (4) of Section 14 of the West Bengal Municipal Act, 1993 was exhausted after appointment of the respondent No.6 by virtue of notification dated July 14, 2014.
Headnote:
MUNICIPALITY - BOARD OF ADMINISTRATORS - APPOINTMENT - VALIDITY - WEST BENGAL MUNICIPAL ACT, 1993 - SECTIONS 14(4), 15, 22 - BENGAL GENERAL CLAUSES ACT, 1899 - SECTIONS 15, 22 - CONSTITUTION OF INDIA, ARTICLE 243R - WEST BENGAL MUNICIPAL ELECTION ACT, 1994 - SECTION 29A(C).
Fact of the Case:
Petitioner challenged the impugned notification dated August 13, 2014, issued by the State Government in exercise of power conferred by sub-section (4) of Section 14 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the said Act, 1993) to appoint Board of Administrators for Rajarhat Gopalpur Municipality, (hereinafter referred to as the said Municipality) until further orders in supersession of notification No.317/MA/O/C-4/1M-1/2001 dated July 14.
Finding of the Court:
1. The State Government's power to appoint Administrator in accordance with the provisions of sub-section (4) of Section 14 of the said Act, 1993 was exhausted after appointment of the respondent No.6 by virtue of notification dated July 14, 2014. 2. There was no scope to appoint Board of Councilors for the said Municipality by virtue of the impugned notification dated August 13, 2014 in exercise of power conferred by the above provisions of sub-section (4) of Section 14 of the said Act, 1993 for the second time. 3. The respondent Nos.7 and 8 were not the resident of the area concerned. They were not the property tax payers under the said Municipality. 4. There was no arbitrariness in appointing the respondent Nos.6, 7 and 8 as members of the Board of Administrators of the said Municipality. 5. The impugned notification was issued for the reason that it had been felt necessary to appoint Board of Administrators for running of day to day functions of the said Municipality.
Issues: 1. Whether the State Government had the power to appoint Board of Administrators for the said Municipality by virtue of the impugned notification dated August 13, 2014 in exercise of power conferred by sub-section (4) of Section 14 of the said Act, 1993 for the second time? 2. Whether the respondent Nos.7 and 8 were eligible to be appointed as members of the Board of Administrators of the said Municipality?
Ratio Decidendi: 1. The provisions of Sections 15 and 22 of the Bengal General Clauses Act, 1899, there was no restriction to issue the impugned notification dated August 13, 2014 in supersession of the notification dated July 14, 2014. 2. The impugned order is taken up for consideration of the allegation of arbitrariness in appointing the respondent Nos.7 and 8 as members of the aforesaid Board of Administrators of the said Municipality. It was not in dispute that the aforesaid respondents were members of the State Legislative Assembly elected from the area concerned.
Final Decision: Writ application is dismissed.
Debasish Kar Gupta, J.
This writ application is filed by the petitioner to issue a writ in the nature of mandamus commanding the respondents to cancel, rescind, withdraw and/or forbear from giving any effect and/or further effect, to the impugned decision contained in notification No.369/MA/O/C-4/1M-1/2001 dated August 13, 2014. The impugned notification was issued in exercise of power conferred by sub-Section (4) of Section 14 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the said Act, 1993) to appoint Board of Administrators for Rajarhat Gopalpur Municipality, (hereinafter referred to as the said Municipality) until further orders in supersession of notification No.317/MA/O/C-4/1M-1/2001 dated July 14. Following persons were the members of the above Board of Administrators:-
(1) Sri Purnendu Basu, Hon'ble Member, West Bengal Legislative Assembly.
(2) Sri Sabyasachi Dutta, Hon'ble Member, West Bengal Legislative Assembly. And
(3) Sub-divisional Officer, North 24 Parganas (Sadar), North 24 Parganas.
2. The petitioner had been residing in Ward No.23 of the said Municipality for a substantial length of time. He was first nominated Chairman of the said Municipality consequent upon the municipalisation of the area concerned in the year 1994. Subsequently, the petitioner had contested municipal By-Election of the said Municipality held in the year 2013 and he lost the same.
3. The facts of this case in a nutshell are as follows:
The last election of the said Municipality comprising of 35 wards was held in the year 2009. The first meeting of Board of Councilors after the above municipal election was held on July 22, 2009. The term of the above Board of Councilors of the said Municipality came to an end with effect from July 21, 2014 in accordance with the provisions of Article 243U of the Constitution of India read with the provisions of sub-Section (2) of Section 14 of the said Act, 1993.
4. The respondent No.6 sent draft list of polling stations pertaining to part nos.1-108 of 115 A.C. and part nos.1-164 of 117 A.C. comprising of 35 wards of the said Municipality in connection with forthcoming municipal election of the said Municipality under memo No.1089/Rht dated June 3, 2014 with a request to publish the same in the notice board of executive officer of the said Municipality on June 4, 2014 for wide publication. The municipal returning officer of the said Municipality published the list of aforesaid polling stations by virtue of a notice dated June 4, 2014 in accordance with the provisions of Section 12 of the West Bengal Municipal Election Act, 1994 (hereinafter referred to as the Election Act, 1994) read with the provisions of West Bengal State Election Commission's Order No.587-SEC/5P-16/2013 dated May 26, 2014 inviting suggestions and objections, if any, to be submitted by June 19, 2014.
5. Since it had not been possible to hold election of the said municipality before the expiry of 5 years of the Board of Councilors, the respondent No.6 was appointed as the Administrator of the said Municipality by virtue of notification No. 317/MA/O/C-4/1M-1/2001 dated July 14, 2014 issued by the State Government in exercise of power conferred by sub-Section (4) of Section 14 of the said Act, 1993 till the new Board of Councilors of the said Municipality takes over charge after the election to be held or until further orders, whichever is earlier.
6. By virtue of the impugned notification dated August 13, 2014 issued by the State Government in exercise of power conferred by sub-Section (4) of Section 14 of the said Act, 1993 a Board of Administrators was appointed for the said Municipality consisting of the respondent Nos.6, 7 and 8 as members of the above Board with immediate effect and until further orders. By virtue of the above notification the respondent No.6 was directed to act a Chair-Person of the Board of Administrators until further orders.
7. It is submitted by Mr. Saktinath Mukherjee, learned Senior Advocate
