Court : Andhra Pradesh
Reported in : 2001(3)ALD479
..... andhra pradesh in exercise of the powers conferred by sub-section (1) of section 326 of the andhra pradesh municipalities act, 1965 (act 6 of 1965) made the rules known as a.p. ..... he, thereafter filed a petition before the government under section 59 of municipalities act, 1965 on the ground that there was no quorum and the mandatory requirement of seven days clear notice to convene the meeting of the council had ..... or (c) the execution of such resolution, or order, the continuance in force of such licence or permission or the doing of such act is likely to cause, financial loss to municipality, danger to human life, health or safety or is likely to lead to a riot or breach of peace or is against public interest: provided that the government shall, before taking action under this section on any of the grounds referred to in clauses (a) and (b), given the authority or person concerned an opportunity for explanation; provided further ..... appearing on behalf of the petitioner is that co-option would amount to election and in that view of the matter, section 59 of the act is not attracted and as such the 1st respondent has no jurisdiction to entertain the application filed before it.6. ..... the opinion of the government, immediate action is necessary on any of the grounds referred to in clause (c) of sub-section (1), they may suspend the resolution, order, licence, permission or act, as the case may be, for sucli period as they think fit pending the exercise of the powers under subsection (1)'.7 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT156
..... municipalities act, 1961 (for short, 'the act'). ..... municipalities act, 1961 to bring it in tune with the provisions of part-ix-a of the constitution. ..... section 20 of the act provides for election petitions for challenging the elections to various offices of a municipality. ..... section 22 enumerates the ground on which an election or nomination to any office to the municipality can be declared void by the election tribunal. ..... in the instant case, there is in fact no inconsistency between section 20 and section 41-a of the act and the legislative intent is very clear. ..... municipal corporation act, 1956 and the rules framed thereunder provided for challenging the election to the office of councillor by way of presenting election petition to the election tribunal. ..... municipal corporation act, 1956, held :--'the m.p. ..... any such construction of section 41-a will render the bar contained in article 243zg of the constitution and section 20 of the act, meaningless or futile.7. ..... recourse to section 41-a in the matter was wholly unwarranted rather barred in law.as against it, the learned government advocate and shri saxena, learned counsel appearing for the intervener have supported the impugned order and contended that the government was fully justified in removing the petitioner by taking recourse to section 41 -a of the act.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN52
..... depends upon the interpretation of the second part of clause 13 of section 26 of the rajaslhan municipalities act, 1959 (hereinafter called the act).2. ..... municipalities act (2 of 1916) attaches to him on that date.and further that:the wiping off of the disqualification under the second proviso has no -retrospective effect, and the disqualification which subsisted on the day of filing nominations does not cease to subsist on that day by reason of a subsequent payment of the arrears of municipal ..... this appeal against the judgment of the senior civil judge, sikar (election tribunal) dated 28-2-1967, is whether the nomination paper of the respondent for election to the municipal board sikar was rightly rejected by the returning officer on the ground that he was employed as a legal practitioner against the board at that time. ..... (b) in the case of any other seat, he is an elector from any ward in the municipality.section 26 deals with the general disqualifications for members and says that ;a person, notwithstanding that he is otherwise qualified shall be disqualified for being chosen as member of a board-(xiii) who is employed as a paid ..... :whether the nomination of the applicant was illegally rejected by the returning officer and if so, what is its effect?section 24 of the act lays down that:subject to the provisions contained in sections 9 and 26, a person shall not be qualified to be chosen to fill a seat on a board unless ..... that section 26 as it stood before the amendment of 1961 by act no .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj68; 2001(3)WLC196; 2001(3)WLN668
..... section 63 of the rajasthan municipalities act 1959 deals with the removal ..... for suspension of a member, or chairman or the vice chairman of the board, are available to the stale government:-(1) the state government may place under suspension a member against whom proceedings have been commenced under this section (2) until the conclusion of the inquiry and the passing of the final order and (3) the suspended member shall not be entitled to take part in any proceedings of the board, or otherwise perform the duties of a ..... of the learned single judge deciding the writ petition, wouldrestrain the future action by the state and that such a direction given by the hon'ble single judge is contrary to the provisions of sub-section (4) of section 63 of the act of 1959 and hence the said order deserves to be quashed and set aside.(3). ..... order of suspension is effective till the term of the board, although inquiry may still continue u/section 63a, and such a person need not be suspended if re-elected as member of board in ..... 'notwithstanding the foregoing provisions of this section' has been used in this sub-section to give it an overriding effect.(5) ..... 63, sub-section (2) & (3) of the said section may place under suspension a member against whom proceedings have been commenced under this section, until the conclusion of the inquiry and the passing the final order and the member so suspended shall not be entitled to take part in any proceedings of the board or otherwise perform the duties of a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj11; 2001(3)WLC350; 2001(3)WLN663
..... leading to this case are that the first respondent was nominated by thestate government in exercise of powers u/section 9 of the rajasthan municipalities act, 1959 (in short, referred to hereinafter as 'the act') as a member of the municipal board, ml. ..... municipalities act ..... made by the parties and the legal provisions and, in particular, the amended provisions of section 9 of the act which authorises the state government to nominate three members of 10 per cent of the elected members of the municipality, whichever is less, having special knowledge or experience in municipal administration. ..... counsel for the first-respondent (herein) con-tended that the procedure prescribed u/section 63 of the act has to be followed and removal without following the due procedure is impermissible under ..... respondent bhanwar lal to quash the order dated 12.12.2000 by which the respondent had been replaced by another nominated member in municipal board, mt. ..... it was contended by the learned counsel for the first respondent (herein) that as the act provides for a particular procedure for removal of the board's members by holding enquiry for misconduct, the state could not have removed the first respondent so unceremoniously and that the removal had been made in flagrant violation of the principles of natural justice, nor any charges have been framed under section 63 of the act. (5). ..... or section 154 of the income tax act but it cannot be used to change the order or to withdraw the rights conferred up on .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP191
..... as per section 46 of the andhra pradesh municipalities act (hereinafter called the act). ..... the points urged by him was that the requisite three days' notice was not served on all the members of the council in accordance with the mysore town municipality act, 22 of 1951 and that the resolution was therefore bad. ..... be presumed that the legislature which enacted the mysore town municipalities act, 1951 was aware of these provisions in english law. ..... on 9-11-1982 the present writ petition was filed by respondents 1 to 3 in this appeal who are three of the municipal councillors alleging that the resolution accepting the resignations was wholly void and illegal inasmuch as under section 55 of the act any resignation of either chairman and vice-chairman should be placed in the'next meeting of the council and that was not ..... the collector issued notices dated 2-11-1982 stating that on account of the resignation of the chairman of the municipal council on 30-10-1982 there was a vacancy in the office of the chairman and therefore for the purpose of filling up the said vacancy he was convening a meeting in accordance with section 25 of the act 12-11-1982 at 3.00 p.m at the council hall for the meeting of the municipal councillors. ..... elected sri jetti ankineedu the 8th appellant as temporary chairman under section 51 of the act and under his presidentship the resignations of the chairman and the vice-chairman and a resolution to that effect was also recorded in the minutes of the municipal council. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLN333
..... giving rise to this case are that the petitioner was nominated by the state government in exercise of its powers under section 9 of the rajasthan municipalities act, 1959 (for short 'the act) as a member of the municipality board, mt. ..... municipalities act, held as under:in respect of a nominated member, power of curtailment of term has now been given to the state government....the nominated members do not have the will or authority of any residents of the municipal board behind them as may be present in the case of an elected member, the legislature has provided the grounds in section 40 of the act under which the ..... of time and the fact that there is no question of a clerical or arithmetical error, the authorities ought not to have exercised jurisdiction under section 25(2) of the act which only empowers the authority to correct clerical or arithmetical mistake in any order or errors arising therein from any accidental slip or omission. ..... of section 9 of the act, vide notification dated 22.7.2000 published on the same date in the extra-ordinary gazette authorise the 'state government to nominate three members or 10% of the members of the elected members of the municipality, whichever is less, having special knowledge or experience in municipal administration ..... corrigendum may be used only for rectification of a mistake as permissible under section 152 of the code of civil procedure or section 154 of the income tax act but it cannot be used to change the order or to withdraw the rights .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC5; [1967]3SCR981
..... 87-a of the uttar pradesh municipalities act, 1916. ..... (4) the district magistrate shall arrange with the district judge for a stipendiary civil judicial officer to preside at the meeting convened under this section, and no other person shall preside, thereat. ..... that the consequences under sub-section (4) would automatically flow also show that it should be possible for the presiding officer to adjourn a meeting which under the law would in any event be adjourned under sub-s. (4). ..... in other words, it was not earlier than thirty days from the date on which the under sub- section (2) was delivered to the district magistrate. ..... (6) save as provided in sub-section (4) and (5) a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned.' 4. ..... contention is that the district magistrate had to convene the meeting for the consideration of the motion on a date which was not earlier than thirty days from the date on which the notice under sub-section (2) was delivered to him. ..... sub-sections (3), (4), (5) and (6) then provide as follows :- ' (3) the district magistrate shall then convene a meeting for the consideration of the motion to be held at the office of the board, on the date and at the time appointed by him which shall not be earlier than thirty and not later than thirty-five days from the date on which the notice under sub-section (2) was delivered to him. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN523
..... order of suspension was issued by the government in the exercise of its power under section 63(4) of the rajasthan municipalities act, 1959. ..... a limit is fixed under the said proviso, it is difficult to attract the application of clause (xii) of section 26, especially when there is no other printing press in the town of raisinghnagar and the municipality has no alternative but to entrust its routine printing work to the petitioner's press. ..... (xii) of section 26 can come into operation only after the municipal board with the sanction of the state government his fixed a limit as prescribed by clause (v) of proviso (d) to this section. ..... of the proviso is an integral part of clause (xii) of section 26 of the act, and the disqualification as prescribed by clause (xii) can be incurred by a member of the board only when a member receives payment from the board for the occasional sale of any article in excess of the prescribed limit and unless such limit is fixed under the proviso it is difficult to hold that a person has incurred disqualification under the provisions of sections 26 (xii) for having dealings with the ..... two orders have been challenged by the petitioner, inter alia, on the ground that unless a limit under proviso (d)(v) of section 26 of the act for getting the occasional payments from the board by a member in his regular trade is fixed, the petitioner cannot be said to have incurred any disqualification under clause (xii) of section 26 and, therefore, it is prayed that orders ex. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj1905
..... the petitioner is not raising any voice to challenge the said enquiry before this court although prayer has been made but the petitioner is raising voice that as per the language of section 63(1) of the rajasthan municipalities act, as per judgment of the co-ordinate bench of this court in rameshwari devi's case (supra), the competent authority was under obligation to provide an opportunity of hearing so also to supply copy of the enquiry report and, ..... petitioner and the impugned order has been passed by the competent authority after taking into consideration the finding reached upon enquiry conducted by member of higher judicial service, therefore, as per the language of section 63 of the rajasthan municipalities act, if no prejudice is caused to the petitioner, then, the matter is not required to be sent back for deciding the same afresh after providing opportunity of hearing after supplying copy of the enquiry report ..... of this court after taking into consideration large number of cases decided by the hon'ble supreme court, held that before passing final order for disqualification and removal of a member of the municipal board under section 63(1), principle of natural justice is required to be followed. ..... enquiry was initiated against the petitioner who was elected member of the municipal board, nokha and charges against him were in regard to preparing forged patta of the land belonging to the municipality in the tehsil improvement committee book in favour of one inder chand .....
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