Case Note & Summary
The petitioners, including the Municipal Council, Achalpur, its President, and the Headmaster of the school run by the Council, challenged an order dated 30-08-2014 passed by the Additional Commissioner, Amravati Division. The Additional Commissioner had allowed a revision petition filed by respondent no.3, a teacher in the school, setting aside the Collector's order and quashing Resolution No.126 dated 26-07-2013 of the Municipal Council. The resolution had restored the practice of hoisting the National Flag on the building roof of the school on 26th January, 1st May, and 15th August each year, after the building was repaired. Previously, during repairs, the flag was hoisted on the school ground. Respondent no.3 challenged the resolution before the Collector under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The Collector, after receiving a report from the Sub-Divisional Officer stating that hoisting on the ground would comply with Clauses 2.2 and 2.3 of the Flag Code, 2002, rejected the application and directed the Chief Officer to follow the Flag Code scrupulously. Aggrieved, respondent no.3 filed a revision under Section 318 before the Commissioner. The Additional Commissioner allowed the revision, holding that the flag should be hoisted on the ground as per the Flag Code. The High Court examined the Flag Code provisions and found that they do not mandate hoisting only on the ground; hoisting on a building roof is permissible if the flag is kept in a dignified position. The Court noted that the Additional Commissioner did not find any illegality or perversity in the Collector's order but merely substituted his own view, which was beyond the scope of revisional jurisdiction under Section 318. The High Court held that the impugned order was unsustainable and set it aside, restoring the Collector's order and the Municipal Council's resolution. The writ petition was allowed.
Headnote
A) Municipal Law - Flag Code Compliance - Resolution for Flag Hoisting Location - Sections 308, 318 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The Municipal Council passed a resolution to restore hoisting of the National Flag on the school building roof after repairs, which was challenged by a teacher. The Collector rejected the challenge, but the Additional Commissioner in revision set aside the resolution. The High Court held that the Flag Code does not mandate hoisting only on the ground; hoisting on the building roof is permissible if dignity is maintained. The Additional Commissioner exceeded his revisional jurisdiction by substituting his own view without finding any illegality or perversity in the Collector's order. Held that the impugned order of the Additional Commissioner was unsustainable and set aside, restoring the Collector's order and the Municipal Council's resolution. (Paras 1-10) B) Administrative Law - Revisional Powers - Scope of Interference under Section 318 - Section 318 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The revisional authority under Section 318 can only interfere if the order of the subordinate authority is illegal, perverse, or suffers from a jurisdictional error. The Additional Commissioner, without finding any such defect, merely disagreed with the Collector's view and substituted his own opinion. Held that such interference was beyond the scope of revisional jurisdiction. (Paras 8-10)
Issue of Consideration
Whether the resolution of the Municipal Council to hoist the National Flag on the roof of the school building instead of the ground violates the Flag Code of India, 2002, and whether the Additional Commissioner exceeded his revisional jurisdiction under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 30-08-2014 passed by the Additional Commissioner, and restored the order dated 22-01-2014 passed by the Collector and Resolution No.126 dated 26-07-2013 of the Municipal Council.
Law Points
- Flag Code of India
- 2002
- Clauses 2.2 and 2.3
- Section 308 and Section 318 of Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
- interpretation of Flag Code provisions
- hoisting of National Flag on building roof versus ground
- scope of revisional powers under Section 318
