The provisions of the Rajasthan Municipalities Act, 2009 and the Rules framed thereunder regarding the constitution of committees are mandatory and not directory. The Municipality is legally obligated to convene meetings and constitute committees within the specified timeframe. The State Government cannot be permitted to constitute committees if the Municipality fails to do so within the stipulated timeframe.

( 1 ) INSTANT petition has been jointly filed by 18 petitioners who are elected members/corporators of Jaipur Municipal corporation ("corporation/jmc"), with the grievance that despite various requests made by majority of elected corporators including petitioners, respondents 3 and 4 in particular, are avoiding to convene meetings of Corporation for constitution of various committees provided u/s. 55 of Rajasthan Municipalities Act, 2009 ("act, 2009" ).

( 2 ) ELECTION of Corporators of JMC was held in November, 2009. As alleged, the petitioners contested election of Corporators from their respective wards of JMC on tickets allotted by Bhartia Janta Party (BJP) and were declared as elected members of JMC. It has also been alleged that out of total strength of 77 members of JMC, majority of the elected members (46 Corporators) belongs to one political party. As a result of new composition of JMC, it started functioning since 26-11-2009 and respondent 3 was elected as Mayor cum chairperson of JMC.

( 3 ) WHEN Respondent 3 failed to call ordinary general meeting of JMC as provided u/s. 51 (l)of the Act, 2009, joint representation dt. 17-12-2009 (Ann. l) signed by 46 corporators including Deputy Mayor and the petitioners was sent requesting respondent 3 to call special meeting u/s. 51 (2) of Act, 2009- pursuant to which, letter dt. 23-12-2009 (Ann. 2) was sent by respondent 3 informing that action shall be taken in terms of S. 51 (1) of the Act, 2009. But when respondent 3 failed to call special meeting in terms of their request made on 17-12-2009 (Ann. 1), further request was made by 34 Corporators including petitioners on 24-12-2009 (Ann. 3) while approaching Chief Executive Officer u/s. 51 (3) of Act, 2009 requiring him to call special meeting, which he was under obligation to call within 10 days from 24-12-2009. It is relevant to mention that the corporators had submitted their agenda regarding constitution of various committees and discussion on cleanliness of Jaipur besides other agenda items.

( 4 ) HOWEVER, Chief Executive Officer, jmc wrote a letter to Dy. Mayor in regard to agenda item No. 1 about constitution of committees u/s. 55 which shall be constituted in an ordinary general meeting as provided u/s. 51 (1) of Act, 2009. It has been averred in the petition that R. 3 of Duty Rules, 2009-reference whereof has been made by Chief executive Officer in his letter dt. 31-12-2009 was published in gazette dt. 8-1-2010; and as per S. 337 (5) all Rules made by the State government shall come into effect on or from the date of their publication in official gazette.

( 5 ) WHEN no action was taken, joint representation was made by 47 Corporators on 6-1-2010 (Ann. 6) requesting the respondent 3 to call a meeting on agenda items mentioned therein by including them in ordinary general meeting scheduled to be held on 13-1-2010 but for the reasons best known to respondents, various agenda items throughout being reiterated by petitioners in their joint representations one after the other in regard to constitution of various committees but still it was not included in the agenda items of meeting scheduled by respondents and no ex-planation in specific came forward on record. Finally on 18-1-2010, legal notice (Ann. 8)on behalf of 20 corporators including petitioners was served upon respondents 3 and 4 requesting them to call an ordinary general meeting within 7 days for constitution of committees. Since the respondents did not pay any heed to their requests, rather deliberately avoiding to hold ordinary general meeting/special meeting for constitution of the committees with an oblique motive to get the time prescribed under Act, 2009 to expire so as to enable State Government to exercise its powers for constitution at its own it constrained the petitioners to approach this court by way of instant petition filed on 28-1-2010.

( 6 ) COUNSEL for petitioners submits that respondents 2 and 3 were under legal obligation to convene an ord