Shammi Sharma and others vs Municipal Corporation and Others

Hon. Shri Justice Sujoy Paul

By invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

(1) Issuing a writ of mandamus or any other suitable writ or order or Direction thereby directing the respondents to call/convene the meeting of the corporation as per written requisition (Annexure P-1), immediately.

(2) Passing any other order or direction, which this Hon''ble Court may deem fit and proper in the facts and circumstances of the case.

Shri Dudawat, learned counsel for the petitioners submits that more than 21 members i.e., more than 1/3 of the strength of elected Councilors have submitted a requisition dated 23.11.2011 before the Speaker to call a special meeting. Shri Dudawat further submits that when meeting was not called, a memorandum dated 19.12.2011 was given to the Commissioner, Nagar Nigam (Anenxure P-2) to call for a meeting as per Section 30 of M.P. Municipal Corporation Act 1956 (hereinafter referred to as the Act). Shri Dudawat heavily relied on Section 30 of the Act to submit that once a requisition meeting is asked to be called, the Speaker and the Mayor is under obligation to call such a meeting within two weeks on receipt of written requisition signed by more than 1/3 of total elected Councilors. He submits that proviso to Section 30 of the Act makes it crystal clear that if the Speaker and Mayor have failed to call such a meeting, it is obligatory for the Municipal Commissioner to convene such a meeting under intimation to the State Government. In nutshell, Shri Dudawat submits that the Commissioner is under statutory obligation to call a meeting in consonance with Section 30 the Act.

Per contra, Shri Khot, learned counsel for the Corporation submits that as per the statutory mandate, the respondents shall call a meeting within 15 days in consonance with Section 30 and other provisions of the Act. In view of this statement, no adjudication is required in this matter. Accordingly, the respondent-Corporation is directed to act in accordance with Section 30 and other provisions of the Act and call a meeting within 15 days in accordance with law.

With the aforesaid, the petition stands disposed of. No costs.