Case Note & Summary
The dispute arose from the election of the Mayor and Deputy Mayor of the Municipal Corporation of Bhavnagar, Gujarat. Appellants Nos. 1 and 2 were elected on June 30, 1987, and issued a notice on May 21, 1988, to convene a meeting for June 1, 1988, to elect new office bearers. However, on May 31, 1988, Appellant No. 1 instructed the Deputy Secretary to postpone the meeting due to urgent work, after consulting 32 members. Despite this, 19 members convened and elected Respondents Nos. 1 and 2 as Mayor and Deputy Mayor. The appellants did not hand over charge, leading to a writ petition by the respondents in the High Court. The Single Judge dismissed the petition, affirming the Mayor's power to cancel the notice under the Bombay General Clauses Act. However, the Division Bench reversed this, citing a precedent that a properly convened meeting cannot be postponed. The Supreme Court was approached on appeal, where it was contended that the Division Bench erred in applying the precedent. The Court held that the Mayor had the implied power to cancel the meeting notice and postpone it, provided it was done bona fide. The Court clarified that the term 'adjournment' applies only to meetings already convened, not to cases where a notice is cancelled before commencement. The appeal was partly allowed, and the matter was remanded to the High Court for further proceedings.
Headnote
A) Municipal Law - Mayor's Authority - Power to Cancel Meeting Notice - Bombay Provincial Municipal Corporation Act, 1949, Sections 19, 453 - The Mayor has the implied power to cancel a meeting notice and postpone the meeting before it commences, provided the power is exercised bona fide and for a justified purpose. The court distinguished this case from previous judgments, emphasizing the statutory nature of the Mayor's powers (Paras 120-123).
Issue of Consideration
Whether the Mayor of the Municipal Corporation had the power to cancel the notice and postpone the meeting convened by him before the meeting was held.
Final Decision
The Supreme Court partly allowed the appeal and remanded the matter back to the High Court, affirming the Mayor's implied power to cancel and postpone the meeting.
Law Points
- Mayor's power
- cancellation of notice
- postponement of meeting
- statutory powers
- implied authority
