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1983 Supreme(MP) 106
Madhya Pradesh High Court
G. P. SINGH,FAIZANUDDIN
Mohammad Ali Khan and others - Appellant
Versus
State of M.P. - Respondent
Decided On : 04/01/1983
Y.S. Dharmadhikari with K.M. Agarwal, for Petitioners; Gulab Gupta with M.V. Tamaskar, Govt. Advocate (for No. 1) and N.S. Kale (for No. 2), for Respondents.
Headnote:(1) Municipal Corporation Act, 1956 (M.P.) - Ss.20(2) and 28 - expression "general meeting" in section 20(2) not confined to elected councilors -it governs terms of office of all councilors - first meeting envisaged under section 28 - must be of all councillors. JLJ] Mohd. Alikhan v. State of M.P. (O P. Singh, C. J.) 567
The expression "general meeting" as It occurs in section 20(2) must have reference to a meeting of all the councillors and not of a particular class of councillors. Sub- section (2) of S.20 is not confined to the elected councillors. It governs the term of office of all the councillors, whether ejected or selected. The term begins on the date appointed for the first general meeting after such lection. The general meeting in the context must be construed to mean the first meeting of elected and selected councillors which is held under section 28.The expression general meeting' cannot be interpreted to mean a meeting of elected councillors only which is held under rule 47 for selecting councillors. The meeting held under rule 47 is a class meeting and not a general meeting. [Para 8
(2) Municipal Corporation Act, 1956 (M.P.) - S. 28--first meeting referred under - denotes first general meeting of elected and selected councillors who constitute the corporation.
The heading of this section reads; "First meeting after general election". Although the expression used here is first meeting and not first general meeting, yet it makes little difference and the meeting referred to m section 28 is the first general meeting i.e. the first meeting of elected and selected councillors who constitute the Corporation. It is for this reason that this meeting is also referred to as the first meeting of the Corporation in the body of section 28. It is in this meeting that the Corporation, as constituted, starts to function and can be said to assume office by electing the Mayor and other authorities. [Para 9.
(3) Words and Phrases-words "General means 'common to all, greatest number, having relation to all". [Para 8
(4) Words and Phrases-words "genera meeting"-meaning of.
A general meeting, according, to dictionary meaning, is one to which all members of a society etc. are invited; [see Oxford Advanced Learner's Dictionary of Current English, p. 357]. According to Black's Law Dictionary, 4th edition, p. 1134, general meeting connotes "a meeting of all the stock - holders of a Corporation, all the creditor of a bankrupt, etc," In the context of companies, a general meeting refers to a meeting of all the members of a company; whereas a class meeting refers to a meeting of a particular class of members. [ Para 8
G. P. SINGH, C.J. :- This order shall also dispose of Misc. Petn. No. 866 of 1983.
2. By notification dated 16th March, 1983 published in the Gazette, the State Government appointed Shri S.V. Ayer, Assistant Collector, Raipur, as the Administrator of the Municipal Corporation, Raipur, under Section 423 of the Madhya Pradesh Municipal Corporation Act, 1956. This order was issued on the assumption that the Corporation stood dissolved on 15th March, 1983 by expiration of its term. By these petitions under Article 226 of the Constitution, the petitioners challenge the said action of the State Government and they contend that the term of the Corporation has not yet expired.
3. The facts which are not in dispute are that the first elections to constitute the Corporation were held on 31st Dec., 1978. On 29th Jan., 1979, a meeting of the elected Councillors was held to select Councillors. Another meeting of the elected Councillors was called for 12th Feb., 1979. A writ petition challenging the action of calling the second meeting, being Misc. Petn. No. 143 of 1979, was filed which was allowed by a
Division Bench of this Court on 27th Feb., 1979. The notice calling the second meeting for 12th Feb., 1979 was quashed and the Returning Officer was directed to complete the counting of votes polled in the meeting held on 29th Jan., 1979 and to declare the result of selection. The result of selection was declared on 16th March, 1979. In the meantime, a writ petition challenging the entire election, being Misc. Petn. No. 884 of 1979, was filed in the High Court which was dismissed on 20th Jan., 1979. There was an appeal to the Supreme Court against this decision which was dismissed on 4th Sept., 1979. In pursuance of the interim orders passed in these proceedings, no further meeting of the elected or selected Councillors was held. After the dismissal of the appeal by the Supreme Court; the names of elected and selected Councillors were published in the Gazette on 6th Feb., 1980. The first meeting of the elected and selected Councillors was held on 27th Feb., 1980, which elected the Mayor, the Deputy Mayor and the Standing and other committees.
4. Section 5 of the Act contains definitions. Section 5 (13) defines the "Corporation' to mean the Municipal Corporation of the city; and Sec.5 (14) defines "Councillors" to mean any person who is legally a member of the Corporation. The Corporation consists of elected and selected Councillors as provided in Sec.9 of the Act. Elected Councillors are those who are elected from wards. Selected Councillors are those who are selected by the elected Councillors by single transferable vote from amongst persons enrolled as voters. The term of office of the Councillors is provided for in S.20, which reads as follows :
"20. Terms of Office.- (1) The terms of office of the Councillor elected at a general election or selected by the elected Councillors under this Act shall ordinarily be four years extensible by order of the Government for a period not exceeding one year in the aggregate for reasons which shall be notified in the Gazette.
(2) The term of office of such Councillors shall be deemed to commence on the date appointed for the first general meeting after such election."
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5. Section 28 provides for the first meeting after general election. This Section reads as under :
"28. First meeting after general election.- (1) The Revenue Commissioner, or in his absence due to any reason, his representative not below the rank of a Collector as may be authorised by him in his behalf in the case of first general election and in the case of every subsequent election, shall call the first meeting of the Corporation as soon as the election and selection of the Courtcillors is notified to elect the Mayor, the Deputy Mayor, the Standing and the Special Consultative Committees and transact, any other business.
(2) The meeting of the Corporation called under sub-section (1) shall be presided over by the Officer cal
