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TMI Blog1988 (7) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... bsequent date to be fixed by him and thus necessitated the giving of seven days' clear notice as required by rule 1(h), Chapter II of the Rules framed under section 453 of the Bombay Provincial Municipal Corporation Act, 1949. Since the question involved was a matter of moment and the affidavits filed by the petitioner, Chandrakant Khaire, the leader of the Shiv Sena party which is the largest single group in the corporation consisting of 18 councillors, and by some of the councillors as well as their supporters, and the affidavits-in-opposition filed by the party-in-power, Congress-I, which has formed a coalition with the splinter groups commanding a majority of 32 councillors in a House of 60, raise controverted facts as to whether the proceedings of the meeting had been adjourned sine die or merely suspended, we thought it better to have the minutes of the proceedings before us. Shri Vinod Bobde, learned counsel appearing for the Municipal Commissioner, has placed the minutes book written in Marathi along with a translation thereof in English. On the last occasion, we were left with the impression that the word used by the Municipal Commissioner was "tahkub "while adjourning th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner demanding that the meeting be adjourned to a subsequent date. Thereupon, the councillors belonging to the party-in-power, i.e., Congress-I, started shouting at him and saying that the meeting be held later on that day, being apprehensive that if the meeting were to be adjourned, they might lose the contest. There followed shouting of slogans, hurling of abuses and thumping of tables. The councillors belonging to the rival groups then started throwing chairs at each other leading to a pandemonium. The fact that not only councillors but also many outsiders were present in the hall where the meeting was being held who really had no business to be there, is clearly brought out in the affidavits sworn by the Municipal Commissioner, Collector and the Superintendent of Police. They also reveal a large number of persons freely entering and leaving the hall. It is apparent from the affidavit of the Superintendent of Police that during the time when all this happened, Viswasrao Deshmukh, Revenue Minister, Government of Maharashtra, came into his office and left the premises while he was actually busy in supervising the bandobust. We have been shown photographs showing the presence of a l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be transacted, the High Court, relying on the 'preponderance of probabilities', has come to the conclusion that in the facts and circumstances, the affidavit of the Municipal Commissioner, respondent No. 9, appeared to be 'more impressive, probable and convincing' and therefore, they were inclined to accept it as one inspiring confidence. Acting upon the affidavit sworn by respondent No. 9, the Municipal Commissioner, the High Court has found as a fact that the meeting was not adjourned for the day or sine die but it was to be held as soon as peace was restored on the very same day, i.e., the meeting had only been postponed. This is an inference drawn from affidavits and we find no just and compelling reasons to upset the same. Shri S.N. Kacker, learned counsel for the petitioner, contends that the High Court erred in proceeding on probabilities in deciding the present matter which has far-reaching ramifications affecting democratic principles. It is said that the High Court having found that because of the unruly and provocative atmosphere prevailing in the meeting hall, the Municipal Commissioner was required to adjourn the meeting in order to restore peace and to re-arrange t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition that the meeting had been "adjourned for the day", the High Court was justified in declining to interfere. In order to appreciate the point in controversy, it is necessary to set out the relevant statutory provision bearing on the question. It is need less to stress that a Municipal Corporation cannot function without the Mayor, Deputy Mayor and Members of the standing committee who are entrusted with certain functions and duties under the Act. Sub-section (1) of section 19 of the Act provides that "the corporation shall, at its first meeting after the general elections........., elect from amongst the councillors, one of its members to be the Mayor and another to be the Deputy Mayor", their term of office being one year. Sub-section (2) of section 20 enacts that "the corporation shall, at its first meeting after the general elections, appoint 12 persons out of its own body to be members of the standing committee". The term of office of the elected councillors, as provided by section 6(1), is a period of five years which, in terms of sub-section (2) is deemed to commence on the date of the first meeting called by the Municipal Commissioner. The relevant rules framed under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I also said that I shall soon announce the time of meeting. I say that I did not leave the house and remained in the chair of the presiding authority hoping that peace would be restored and that I would be able to announce the time of the meeting. Thereafter, Shri Man Mohan Singh Oberoi raised a point of order that the meeting should not be adjourned and that he along with another councillor, Dr. Sancheti, insisted that the meeting should continue. At this stage, the situation in the house worsened and in fact there was hot exchange of words and shouting between different groups of councillors. An attempt was made to throw chairs at each other and in fact the furniture in the house was scattered and several councillors surrounded me and some spoke in favour of adjournment and some spoke in favour of continuation. My efforts to restore peace and order were futile, and there was a serious law and order situation. In the circumstances aforesaid, there was no alternative and I felt that it was my duty to seek police help and I called the police to restore order. Thereupon, some of the councillors objected and actually resisted the entry of the police. Thereafter, on my directive, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led upon the outsiders to vacate the meeting hall in order that the proceedings could be resumed. The fact that the Municipal Commissioner did not leave the House or vacate the seat does lend support to the version that he had merely suspended the proceedings till order was restored. There is no reason to doubt the affidavit sworn to by the Municipal Commissioner that he announced on the mike at 3 45 p.m. that the proceedings would be resumed at 4 30 p.m. for transacting the business for the day. It is quite obvious that the meeting was not "adjourned for the day" or "adjourned sine die". Shri Kacker, learned counsel for the petitioner, contended that when the affidavits of the three officers showed that utter confusion prevailed and that there was pandemonium all around with strangers moving about in the meeting hall, it must necessarily follow that no business could be transacted on that day. The contention is that the meeting was not adjourned to a definite point of time and must, therefore, be regarded as "adjourned for the day" or "adjourned sine die". He referred to the decisions in Menaka Bala Dasi [1933] 37 CWN 583; AIR 1933 Cal 816 and Sheokumar Shashtri, AIR 1964 MP 195, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is not in dispute that the business for the day was partly transacted when the councillors met at 2 p.m. as scheduled and the Municipal Commissioner declared that the polling would commence from 2 30 p.m. onwards. The trouble started at 2 30 p.m. when the councillors belonging to the petitioner's Shiv Sena party prevented the casting of votes by snatching away the ballot boxes from the polling booths and sitting upon them. There was a pre-determined plan on their part not to allow the first meeting to be held on that day. But the Municipal Commissioner did not give way to the commotion and pandemonium and he did not put off the meeting to another day. In the prevailing situation, the Municipal Commissioner had no other alternative but to adjourn the meeting. Under the scheme of the Act, when the term of the elected councillors is a period of five years which in terms of sub-section (2) of section 6 of the Act is deemed to commence on the date of the first meeting, the Municipal Commissioner obviously could not adjourn the meeting for another day or adjourn it sine die. If the contention that the meeting having been adjourned without specifying a definite point of time were to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... want of quorum and the High Court held, relying upon the proviso to section 32 of the Madhya Pradesh Municipalities Act, 1961, that a meeting convened for consideration of a no confidence motion could not be adjourned sine die, but had to be adjourned to "some other day" for which a fresh notice was necessary. P. V. Dixit C.J., speaking for himself and K. L. Pandey J., observed at page 196 : "It is settled law that where there is a power of adjournment and a meeting is adjourned, then the adjourned meeting is a continuation of the original meeting and no new notice of an adjourned meeting need be given unless the relevant statutory provisions or rules so require. But in the case of an adjournment sine die, a fresh notice is necessary (See Scadding v. Lorant [1851] 3 HLC 418 and Wills v. Murray [1850] 4 Ex 843. The proviso to section 32 of the C.P. and Berar Municipalities Act, 1922, laid down that: 'if at any ordinary or special meeting of the committee a quorum is not present, the chairman shall adjourn the meeting to such other day as he may think fit.......' Under this proviso, a meeting could be adjourned to some fixed date and not sine die" The decision in Sheokumar Shaskt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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