Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Municipal Corporation Act 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Municipal Corporations Act, 1949 (59 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Municipal Corporation Act, 1949:ss. 20, 21, 31A and 35A – Constitution of Standing Committeeand election of Chairman thereof – Propriety of – As per theprocedure contemplated u/s.20(3), the names of eight retiringmembers including the Chairman were selected by draw of lots –Thereafter, due to imposition of ‘code of conduct’ , next stagecontemplated by the Act i.e. appointment of eight new members wasnot undertaken – After the ‘code of conduct’ ceased to be inoperation, by notice dated 6.6.2018 meeting was scheduled for14.6.2018 for appointment of eight new members – Another noticewas issued on 12.6.2018 whereby meeting was called on 15.6.2018for election of Chairman in terms of s.21(5) – Writ Petition wasfiled challenging the notice dated 12.6.2018 and meetings dated14.6.2018 and 15.6.2018 – High Court held that there was violationof mandatory requirement of s. 20 and attempt was made to appointthe Chairman by notice dated 12.6.2018, when the StandingCommittee was not yet constituted – On appeal, held: Mandates asprescribed by various provisions of the Act were not adhered toand were violated – Due to coming into operation of ‘code ofconduct’, steps could not be taken in strict compliance of prescribedtimeline – This irregularity led to a situation where urgent actionswere taken – Such irregular actions, in substance, followed themandate of the Act – Such actions have not resulted in deprivationof any right under the statute – There was no reason for the HighCourt to interfere in its writ jurisdiction. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 878 |
Petitioner | Shailesh Bandu Swami And Another |
Respondent | Shailesh Bandu Swami And Another |
SCR | [2018] 12 S.C.R. 118 |
Judgement Date | 2018-09-25 |
Case Number | 9970 |
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