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High Court Of Madhya Pradesh
G. P. Singh and S. M. N. Raina, JJ.
MUKUTDHARI SHARMA - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Misc. Petn. 597 Of 1973
Decided On : 07/21/1977
MUNICIPAL COUNCIL - PRESIDENT - TERM OF OFFICE - DISSOLUTION OF COUNCIL - VACATION OF OFFICE - DUTY OF STATE GOVERNMENT TO HOLD ELECTIONS - REASONABLE TIME - EMERGENCY - WRIT OF MANDAMUS. - (1) The President of a Municipal Council constituted under the Madhya Pradesh Municipalities Act, 1961, vacates his office on the dissolution of the Council by efflux of time. (2) It is the duty of the State Government to hold elections for reconstitution of a dissolved Council within a reasonable time. (3) In the special circumstances of the case, where the State Government is busy in the implementation of Socio-economic programmes during the Emergency, a writ of mandamus cannot be issued to compel the Government to hold elections.
Fact of the Case:
The petitioner, Mukutdhari Sharma, was elected as President of the Municipal Council, Umaria, in May 1969. The term of the President expired after two years on 21st May 1971, but as no election to fill up the vacancy was held, the petitioner continued as President. The term of the Council expired on 21st May 1973, and by a notification published in the Gazette dated 19th Sept. 1973, the term of the Council was extended from 21st May 1973 to 22nd Sept. 1973. The Council stood dissolved on 23rd Sept. 1973. The petitioner claimed that he did not vacate his office as President even after the dissolution of the Council and appointment of the Tahsildar as Administrator of the Council. The petitioner filed a petition praying for a declaration that he continues to be President and that he will continue to hold the office until a new President is elected, and for issuance of a writ in the nature of Mandamus directing the State Government to hold elections for reconstitution of the council.
Finding of the Court:
The Court held that the President of a Municipal Council constituted under the Madhya Pradesh Municipalities Act, 1961, vacates his office on the dissolution of the Council by efflux of time. It is the duty of the State Government to hold elections for reconstitution of a dissolved Council within a reasonable time. However, in the special circumstances of the case, where the State Government is busy in the implementation of Socio-economic programmes during the Emergency, a writ of mandamus cannot be issued to compel the Government to hold elections.
Issues: 1. Whether the President of a Municipal Council constituted under the Madhya Pradesh Municipalities Act, 1961, continues in office after the council stands dissolved by efflux of tune? 2. Whether the Government is bound to hold elections within a reasonable time from the date of dissolution of a Council.
Ratio Decidendi: 1. The term of office of the President of a Municipal Council is co-terminus with the term of the Council of which he is a Councillor. (Section 36(4) of the Madhya Pradesh Municipalities Act, 1961) 2. On the dissolution of a Council, all Councillors of the Council vacate their offices as Councillors, and all powers and duties of the Council under the Act may be exercised and performed by such person or a Committee of persons as the State Government may appoint in that behalf. (Section 328(6) of the Madhya Pradesh Municipalities Act, 1961) 3. The dissolution of a Council inevitably leads to the vacation of office by the President, Vice-President, and Councillors. (Section 328(6) of the Madhya Pradesh Municipalities Act, 1961) 4. It is the duty of the State Government to hold elections for reconstitution of a dissolved Council within a reasonable time. (Section 328(1) of the Madhya Pradesh Municipalities Act, 1961) 5. In the special circumstances of the case, where the State Government is busy in the implementation of Socio-economic programmes during the Emergency, a writ of mandamus cannot be issued to compel the Government to hold elections.
Final Decision: The petition was dismissed. There shall be no order as to costs. The security amount shall be refunded to the petitioner.
( 1 ) TWO principal questions arise for decision in this petition under Article 226 of the Constitution: (1) Whether the President of a Municipal Council constituted under the Madhya Pradesh Municipalities Act, 1961, continues in office after the council stands dissolved by efflux of tune; and (2) whether the Government is bound to hold elections within a reasonable time from the date of dissolution of a Council.
( 2 ) THE facts giving rise to this petition are that elections to the Municipal council, Umaria, were held in May 1969. The petitioner, Mukutdhari Sharma, equivalent Citation: was elected as President to the Council on 22nd May 1969. The term of the president expired after two years on 21st May 1971; but as no election to fill up the vacancy was held, the petitioner continued as President. Four years, which is the normal term of a Council, expired on 21st May 1973. By a notification published in the Gazette dated 19th Sept. 1973, the term of the Council was extended from 21st May 1973 to 22nd Sept. 1973. The Council stood dissolved on 23rd Sept. 1973. By another notification dated 22nd Sept. 1973, the State government passed an order under Section 328 (6) of the Act appointing the tahsildar as Administrator to exercise all powers and duties of the Council under the Act until the re constitution of the Council. Even after the dissolution of the Council and appointment of the Tahsildar as Administrator of the Council, the petitioner claimed that he did not vacate his office as President. The petitioner filed the present petition praying for a declaration that he continues to be President and that he will continue to hold the office until a new President is elected to take charge of the office in accordance with the provisions of the act. The petitioner also prays for issuance of a writ in the nature of Mandamus directing the State Government to hold elections for reconstitution of the council.
( 3 ) TO appreciate the questions raised in this petition, it is necessary first to refer to certain provisions of the Act, Section 3 (18) of the Act defines "municipality" to mean
"the local area declared to be a Municipality under Section 5 and any other area which the State Government may, by notification, include in such area. " "council" is defined by Section 3 (8) to mean a "municipal Council constituted by or under the Act. " A Municipality Is created by a notification issued under section 5. A notification under this section only declares the area to -be a municipality or the area to be included in or execluded from a Municipality. Section 18 provides that there shall be constituted for each Municipality a council having authority over the Municipality. Every Council so constituted is a body corporate having perpetual succession and a common seal. The constitution of the Council is provided in Section 19. The Council consists of elected and selected Councillors, Section 36, which relates to the term of council and Councillors, read as follows before its amendment by Act 39 of 1973. "36. Term of Council and office of Councillors. (1) Every Council shall continue for four years from the date appointed under Sub-section (2)of Section 55 for its meeting. Provided that the State Government may, by a notification, for reasons to be stated therein extend the term of the Council, from time to time, for a total period not exceeding one year in the aggregate. (2) Notwithstanding the expiry of the term of the Council under Subsection (1) every Council shall continue to function till the date equivalent Citation: appointed under Sub-section (2) of Section 55 for the first meeting of the Council newly constituted in its place or till the expiry of six months from the date of expiration of its term under Sub-section (1), whichever is earlier. (3) If within the period mentioned in Sub-section (2) the Council is not newly constituted, the Council shall on the expiry of such period be deemed to have been dissolved and the provisi
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