Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Municipal Corporations Act 452A Constitution of India 6A 1949: ss. 6 Art.243U 20 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Municipal Corporations Act, 1949: ss. 6, 6A, 20, 452A; Constitution of India, Art. 243U – Corporation election – Continuance of Standing Committee – When the term of Pune Municipal Corporation (PMC) came to an end – State government on being informed that it was not possible to conduct general elections for constitution of the new Corporation, appointed an administrator – Appellant, Chairman of the Standing Committee of PMC filed a writ petition before High Court on the ground that the Standing Committee shall remain in existence until constitution of new Standing Committee, irrespective of appointment of the administrator – High Court dismissing writ petition held that once a Councillor ceases to be Councillor, the Standing Committee would not still exist and continue to function as such and it was the Administrator, who was appointed, who would exercise the powers and functions of the Corporation – Challenge against – Held: When no person could be said to be holding the office of the Councillor after completion of the term in view of the mandate of ss. 6 and 6A of the Act of 1949, it follows as a necessary corollary that the Standing Committee stood dissolved along with the completion of the term of the Corporation – The proviso to sub-section (3) of s. 20 cannot be read to mean that notwithstanding the expiration of the duration of a Corporation and thereby, termination of the term of office of the Councillors, there could still be any Standing Committee in existence – Sub-sections (1A) and (1B) of s. 452A of the Act, which are operating in the instant case, deal with a specific peculiar contingency where general elections could not be held during the time specified by the enactment even after the expiry of the term of the Corporation, essentially due to COVID-19 pandemic situation – Appointment of Administrator in such a contingency does not and cannot override the mandate of Art. 243U of the Constitution of India as also the provisions of ss. 6 and 6A of the Act as regards the tenure – End of the tenure of Corporation has its consequential effect of the end of the term of the office of the Councillor; and when no person including the present appellant could be said to be holding the office of Councillor after end of the term of the Corporation, existence of any Standing Committee thereafter, is simply out of question – Any other interpretation shall be standing at conflict with the mandate of Art. 243U of the Constitution of India and ss. 6 and 6A of the Act of 1949. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 1118 |
Petitioner | Hemant Narayan Rasne |
Respondent | The Commissioner And Administrator Of Pune Municipal Corporation & Ors. |
SCR | [2022] 18 S.C.R. 180 |
Judgement Date | 2022-10-19 |
Case Number | 7685 |
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