Point of Law: As per Section 39 of Act, every Board has to meet at least once in a month to transact its business on such day as may be fixed by President.

JUDGMENT :

Tarlok Singh Chauhan, J.

The instant petition has been filed for grant of the following substantive reliefs:-

“i) That a writ on mandamus may kindly be issued by directing the respondent authorities to conduct the meeting of respondent No. 3 in accordance of law and take necessary action as per the provisions of cantonment Act, 2006.

ii) That the unreasonable, illegal, arbitrary and wrong Resolution passed in proceedings of meetings Annexure P-1 (Colly) may kindly be quashed and set aside in the interest of justice.

2. Respondent No. 3 Cantonment Board Subathu is governed by the Cantonments Act, 2006 (for short the 'Act') and fall under the Category-III as per Section 12 of the Act, which reads as under:-

(5) In Category III Cantonments, the Board shall consist of the following members, namely:—

(a) the Officer Commanding the station as ex officio or, if the Central Government so directs in respect of any cantonment, such other military officer, as may be nominated in his place by the General Officer Commanding-in-Chief, the Command;

(b) the District Magistrate or an Executive Magistrate nominated by him;

(c) the Chief Executive Officer;

(d) the Health Officer ex officio;

(e) the Executive Engineer ex officio;

(f) one military officer nominated by name by the Officer Commanding the station by order in writing;

(g) six members elected under this Act.

3. Respondent No. 3 convened the ordinary Board meetings on 15.06.2021, 19.07.2021 and 31.08.2021, however, these meetings were without proper quorum and, therefore, the decision taken in any of these meetings is illegal, more particularly, the decision that was taken only by two members i.e. President and Member Secretary, involving larger public interest of the residents of the area i.e. Resolution No. 21 passed in the meeting dated 19.07.2021, which involves the issue relating to increase of water charges from Rs.8/- to Rs. 53.50 per 1000 liters. According to the petitioner, the decision is not only arbitrary but illegal as it has been passed without there being a proper quorum.

4. Respondent No. 3 contested the petition by filing a reply, wherein preliminary objections regarding the maintainability and that the petitioner has not approached the Court with clean hands have been raised. On merits, it has been stated that respondent No. 3-Cantonment Board Sabathu is deemed municipality under Clause (e) of Article 243 (P) of the Constitution of India for the purpose of implementing the Central Government's Schemes of social welfare, public health, hygiene, safety, water supply, sanitation, urban renewal and education as defined under Section 10 of the Act.

5. Being a deemed municipality, duties and discretionary functions of respondent No. 3- Cantonment Board Sabathu have been described under Sections 62 and 64 of the Act and for effective discharge thereof discretionary functions have been vested in the Board.

6. As per Section 39 of the Act, every Board has to meet at least once in a month to transact its business on such day as may be fixed by the President.

7. As regards the validity of proceedings conducted by the Cantonment Board, reliance is placed on Section 61 of the Act.

8. Further with respect to the justification for increase of rates of water, it has been submitted that the Cantonment Board Subathu does not have its own source of water supply and receive bulk water supply from the Military Engineering Service for the purpose of supply to the residents/consumers of Subathu Cantonment. The said bulk supplier i.e. Military Engineering Service is charging Rs. 60.42 per 1000 liters from the Cantonment Board Subathu, while the said water is being further supplied by the Cantonment Board Subathu to the residents/consumers at a lesser rate i.e. Rs. 53.50 per 1000 litres as decided by Resolution No. 21, dated 19.07.2021. We have heard learned counsel for the parties and have gone through the relevant provisions of the Act as also the material placed on record.

9. In order to better ap