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Non-constitution of standing committee shall not extend its

Raj Kumar Makkad ,
  20 April 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Election - Standing Committee - Expiration of term - Sections 20, 20(3), 20(4) and 31 of Bombay Provincial Municipal Corporations Act,1949 - Whether the term of one ­half members (eight in numbers) of the present Standing Committee of the Nashik Municipal Corporation has already expired on 1st March, 2010?
Citation :
Prashant Prabhakar More, Nashik Municipal Corporation v. State of Maharashtra through its Principal Secretary, Urban Development Dept. and Ors. (Decided on 29.03.2010) MANU/MH/0283/2010
Held, Constitution of the Standing Committee, term will relate back to the date of first meeting of the Corporation after general elections. Fact that the Standing Committee not constituted would not extend the term of existing office members beyond the term specified in Section 20(3). Sub­section (3) read with sub­section (2) of Section 20, makes it mandatory that the computation of commencement of the term of office of the Standing Committee will have to be reckoned from the date of the first meeting of the Corporation after the general elections. No other interpretation possible. Petitioner got elected as a member of the Standing Committee in June 2009 but first meeting after general elections of the Corporation held on 15thMarch,2007. Hence, term of 8 members of the existing Standing Committee of the Respondent ­Corporation, expired on 1st March 2010. In present case, the period commenced on or from 15th March, 2007 for the purpose of computing the term of office of the members of the present Standing Committee, even though, the elections were held on 12thJune, 2007. Petition allowed.

 
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Published in Constitutional Law
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