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TMI Blog2013 (12) TMI 1703X X X X Extracts X X X X X X X X Extracts X X X X ..... n the High Court. He had been in the panel of Advocates representing Ara Municipal Corporation. It appears that in the meeting of the General Body of the Corporation on 31.10.2012, a decision was taken to scrap the appointment of empanelled lawyers both for Civil Courts and the High Court. Mayor/Chief Counselor was authorized to take decision with regard to formation of new panel and/or selection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed by impugned Annexure-5 dated 14.9.2013 appointing respondent No. 5 to represent the Corporation in the meantime before this Court. 2. Learned counsel for the petitioner points out that this is a total arbitrary exercise of power. If we even accept, for the sake of argument, that the matter had not been placed for consideration of the Empowered Standing Committee of the Corporation then it wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the Municipal Corporation and respondent No. 5 himself, in my view, one has to first take note of the decision of the Apex Court in the case of Kumari Shrilekha Vidyarthi & Others v. State of UP & Others since reported in MANU/SC/0309/1991 : (1991) 1 Supreme Court Cases 212. There the Apex Court clearly held that in the spoil system that operates in respect of such discretionary appointment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R 1954 Bombay 232: "But the most surprising contention is put forward by the Department that because their own officer failed to discharge his statutory duty, the assessee is deprived of his right which the law has given to him under sub-section (2) of S. 24. In other words, the Department wants to benefit from and wants to take advantage of its own default. It is an elementary principle of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in fact or in law. It is, accordingly, quashed. Annexure-3 and consequential order, as contained in Annexure-5, are set aside. The decision of the Municipal Commissioner to appoint other persons ignoring the panel made on 5.3.2013 cannot be sustained. 7. Before parting, I may point out that Municipal Corporation is nothing but a form of local self-Government. The Corporation has to function upon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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