Shanthal vs L. Ganesan, The Regional Director, Municipal Administration and Devakottai Municipality

Markendey Katju, C.J.—This writ appeal has been filed against the impugned order of the learned single Judge dated 22.11.2004. The

appellant was elected as a Chairman of the Devakottai Municipality in Sivagangai District. A notice u/s 40-B of the Tamilnadu District

Municipalities Act, 1920 was given signed by 15 members of the Municipal Council.

u/s 40-B of the Act one third of the sanctioned strength has to give a notice and admittedly, the sanctioned strength of the Municipal Council in

the present case is 27. Hence, a minimum of 9 members had to sign the notice, and in this case 15 members had signed it, which is much more than

the minimum required by Section 40-B of the Act.

Learned counsel for the appellant contended that the copy of the notice was not given to the appellant and hence there was violation of Section

40-B of the Act. This fact has been disputed by the writ petitioner who has filed the writ petition praying for a direction to convene a meeting.

Without expressing any opinion on the factual controversy as to whether the Chairman had been given a copy of the notice or not, we are of the

opinion that the provision for supply of a copy to the Chairman is only for the purpose that the Chairman should know what are the allegations

made against him/her.

Section 40-B of the Act, in our opinion, is a democratic provision and the spirit behind this provision is that if atleast two third of the sanctioned

strength has lost the confidence on the Chairman, then he/she should not be allowed to continue. This democratic provision should not, in our

opinion, be stultified, by technical procedural requirements, otherwise, that would go against democracy. Hence, the notice u/s 40B was valid.

As a copy of the notice has been filed in the typed set in the writ petition, hence, in our opinion, that would amount to service of notice on the

appellant. While we uphold the judgment of the learned single Judge, we direct that the meeting as called for in the notice u/s 40-B of the Act

should be fixed within a month from the date of receipt of a copy of this order.

With these observations, this writ appeal is disposed of. No costs. The connected WAMPs.7714, 7715, 7796 and 7797 of 2004 are closed.