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1998 Supreme(MP) 996
1999 (2) JLJ 96
D.M. Dharmadhikari, J.
Hemlata Pathak (Smt.) and another v. State of M.P. and others
W.P. No. 4561 of 1998; Decided on 9.12.1998.
P.N. Dube for petitioner; A.S. Gaharwar for respondent No.1 and 2,
S.N. Khare for respondent No.3.
Headnote:(1) Municipal Corporation Act, 1956 (M.P.) -- S. 46 (as substituted in 1998) -- M.P. Municipal Law (Amendment) Act, 1998 -- S. 5 -- previously constituted Departmental Committees -- redesignated as Advisory Committees -- Chairmen of Departmental Committees became member of Advisory Committees which are to be convened by a member of the Mayor-in-Council incharge of the concerned department. [Para 10]
(2) Municipal Laws (Amendment) Act, 1998 (M.P.) -- S. 5 -- M.P. Municipal Corporation Act. 1956 -- S. 46(3) (as substituted in 1998) -- constitution of Advisory Committee in place of Departmental Committee -- Advisory Committee does not have a chairman -- its meetings are to be convened and presided over by a member of Mayer-in-Council. [Para 10]
¼1½ uxjikfyd fuxe vf/kfu;e] 1956 ¼e-iz-½ && /kkjk 46 ¼1998 ;Fkk izfrLFkkfir½ && e-iz- uxjikfyd fof/k ¼la‘kks/ku½ vf/kfu;e] 1998 && /kkjk 5 && iwoZ esa xfBr foHkkxh; lfefr;k¡ && lykgdkj lfefr ds :i esa iqujkfHkfgr && foHkkxh; lfefr;ksa ds lHkkifr lykgdkj lfefr;ksa ds lnL; cu tkrs gSa ftudk lfEeyu es;j&bu&dkmfUly ds ml lnL; }kjk cqyk;k tkrk gS tks lacaf/kr foHkkx dk Hkkjlk/kd gksA ¿ iSjk 10
¼2½ uxjikfyd fof/k ¼la‘kks/ku½ vf/kfu;e] 1998 ¼e-iz-½ && /kkjk 5 && e-iz- uxjikfyd fuxe vf/kfu;e] 1956 && /kkjk 46¼3½ ¼1998 esa ;Fkk izfrLFkkfir½ && foHkkxh; lfefr ds LFkku ij lykgdkj lfefr dk lHkkifr ugha gksrk && blds lfEeyu esa;j&bu&dkmfUly ds lnL; }kjk cqyk, tkuk gksrs gSa vkSj mlds }kjk lHkkifrRo fd;k tkuk gksrk gSA ¿ iSjk 10
1. The two petitioners in this petition under Article 226 of the Constitution of India claim a direction against the respondents representing the authority of the State through its Local Self Government and the Commissioner and Mayor of the Municipal Corporation, Jabalpur that they be allowed to complete their term of office as Chairman of the respective departmental committees in the Municipal Corporation Jabalpur.
2. Admittedly, the petitioners were elected as Chairmen of two separate departmental committees in the Corporation under Section 46 of M.P. Municipal Corporation Act, 1956 as it stood then before its repeal and substitution by M.P. Nagarpalika Vidhi (Sanshodhan) Adhiniyam, 1998.
3. The cause of grievance arose to the petitioner as after the second Amendment Act of 1998 (Act No. 20 of 1998) w.e.f. 29.8.1998, the authorities of the Corporation refused to recognise the elected status of the petitioners as Chairmen of the committees to which they were appointed.
4. For understanding the nature of the grievance raised by the petitioners, it is necessary to briefly examine the legislative changes that have furnished a cause of action for the petitioners. Prior to the enforcement of substituted provisions under Amendment Act No. 20 of 1998, under Section 46 there was a provision for constitution of departmental committees consisting of nine members in case of corporations having 60 or more than 60 wards.
5. From among the elected councilors, the Corporation had to elect members for every departmental committee. The term of departmental committee was co-terminous with the term of the corporation. In the first meeting of the committee so constituted, the members of the committee had to elect from amongst themselves a Chairman of the committee. After such election, the Chairman had a right to convene the meeting of the committee and to preside it.
6. Under Amendment Act No. 20 of 1998, the structure of administration in the Corporation has been drastically changed. A new Section 37 has been introduced and substituted for the original section providing for constitution of Mayor-in-Council which is a sort of an inner cabinet of the Corporation. Section 46 has been substituted to provide for Advisory Committees and the relevant new Section 46 as substituted by Amendment Act reads as under :-
46. Advisory Committees -- (1) After the first meeting of the Corporation under Section 18; the Speaker shall constitute an Advisory Committee for every department of the Corporation from amongst the elected councilors other than the councilors included as member in the Mayor-in-Council under Section 37, to advise in the affairs of the department concerned.
(2) Each Advisory Committee shall consist of nine members in case of a Municipal Corporation having sixty or more ward and seven members in case of Corporation having less than sixty wards.
(3) The member of the Mayor-in-Council incharge of the department shall convene the meeting of the Advisory Committee of the department concerned at least once in every two months and shall preside over such meeting. He may take into consideration the suggestions made by the members of the Advisory Committee in the meeting."
7. Section 5 of the Amendment Act, containing transitory provisions, which is relevant for deciding the present petition, needs to be reproduced. Section 5 reads thus :
"5. Transitory Provisions -- (1) The Departmental Committees consisting immediately before the commencement of the Madhya Pradesh Municipal Laws (Amendment) Act, 1998 shall be designated as the Advisory Committee of the department concerned and the members of such departmental committees including their Chairman shall be known as the members of the Advisory Committee of department concerned:
Provided that if any member of an Advisory Committee is included in the Mayor-in-Council of a Municipal Corporation or President-in-Council of a Municipal Councilor a Nagar Pachayat, as the case may he, he shall cease to hold offic
