VidhiSangh

Supreme Court of India · 19/10/2022

HEMANT NARAYAN RASNE versus THE COMMISSIONER AND ADMINISTRATOR OF PUNE MUNICIPAL CORPORATION & ORS.

[2022] 18 S.C.R. 180 · 2022 INSC 1118

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Summary

The Pune Municipal Corporation's term expired on 14.03.2022. Because general elections could not be held, the State appointed the Municipal Commissioner as Administrator under Section 452A(1A)/(1B) of the Maharashtra Municipal Corporations Act, 1949. The appellant, elected Chairman of the Standing Committee shortly before expiry, claimed the Committee continued until a new one was elected, relying on the proviso to Section 20(3). The Supreme Court upheld the dismissal of his writ petition. Under Article 243U and Section 6, a Corporation lasts five years 'and no longer'; councillors' terms end with it (Section 6A); and the Standing Committee consists only of councillors. It therefore stands dissolved with the Corporation. The proviso to Section 20(3) does not keep it alive, and Section 48 of the Bombay Municipal Corporation Act, 1888 has no counterpart in the 1949 Act.

Issues

  1. Whether the Standing Committee of a Municipal Corporation under the Maharashtra Municipal Corporations Act, 1949 continues to function after the Corporation's term expires and an Administrator is appointed under Section 452A.

Provisions considered

Held

Result

Appeal dismissed; the Bombay High Court's dismissal of the writ petition upheld.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 180.