Case Note & Summary
The petitioners, Suresh Jagannath Patil (Mayor), Sunil Tukaram Meshram (Corporator), and Surprakash Shrawan Shirsat (Corporator) of Akola Municipal Corporation, challenged the order dated 08.03.2011 passed by the State Government under Section 451 of the Bombay Provincial Municipal Corporation Act, 1949, suspending their nominations to the Standing Committee made under Section 31A(2) thereof. The petition was filed on 11.03.2011, and this Court issued notices and ordered status quo on 25.03.2011. On 20.04.2011, the State Government agreed to comply with the procedure under Section 451 and follow principles of natural justice. Accordingly, the State Government passed a further order on 25.05.2011 maintaining its earlier order. The petition was amended on 03.06.2011 to challenge the later order. The Court heard the matter finally. The main legal issue was whether the State Government's order suspending nominations without affording an opportunity of hearing to the affected corporators was valid. The petitioners argued that the order was passed in violation of natural justice. The State Government contended that the power under Section 451 is administrative and does not require a hearing. The Court held that even administrative powers must be exercised in conformity with principles of natural justice, especially when they affect the rights of individuals. The Court quashed the orders dated 08.03.2011 and 25.05.2011, and directed that the nominations of the petitioners to the Standing Committee be restored. The Court also directed that if the State Government wishes to take any action under Section 451, it must follow the principles of natural justice.
Headnote
A) Municipal Law - Suspension of Nominations - Section 451 Bombay Provincial Municipal Corporation Act, 1949 - Natural Justice - The State Government suspended nominations to the Standing Committee under Section 451 without hearing the corporators whose nominations were suspended. The Court held that the power under Section 451, though administrative, must be exercised in conformity with principles of natural justice, and the order was quashed for non-compliance. (Paras 3-5) B) Municipal Law - Standing Committee - Section 31A(2) Bombay Provincial Municipal Corporation Act, 1949 - Nominations - The petitioners were elected as members of the Standing Committee under Section 31A(2). The State Government's order suspending their nominations was set aside as it was passed without giving them an opportunity of being heard. (Paras 1-2)
Issue of Consideration
Whether the State Government's order suspending nominations to the Standing Committee of Akola Municipal Corporation under Section 451 of the Bombay Provincial Municipal Corporation Act, 1949, without affording an opportunity of hearing to the affected corporators, is valid.
Final Decision
The Court quashed the orders dated 08.03.2011 and 25.05.2011, and directed that the nominations of the petitioners to the Standing Committee be restored. The Court further directed that if the State Government wishes to take any action under Section 451, it must follow the principles of natural justice.
Law Points
- Natural justice
- Section 451 Bombay Provincial Municipal Corporation Act
- 1949
- Suspension of nominations
- Standing Committee
- Municipal Corporation
