JAYANTBHAI MANUBHAI PATEL AND OTHERS versus ARUN SUBODHBHAI MEHTA AND OTHERS

JAYANTBHAI MANUBHAI PATEL AND OTHERS versus ARUN SUBODHBHAI MEHTA AND OTHERS

The Mayor of a Municipal Corporation, having statutory power to convene meetings under Clause 1(c) of Chapter II of the Schedule to the Bombay Provincial Municipal Corporation Act, 1949, also has implied power under Section 21 of the Bombay General Clauses Act, 1904 to cancel or postpone a meeting before its commencement, provided the power is exercised bona fide and for a proper purpose.

Parties
Appellant No. 1 / Mayor of Bhavnagar Municipal Corporation: JAYANTBHAI MANUBHAI PATEL; Appellant No. 2 / Deputy Mayor of Bhavnagar Municipal Corporation: Appellant No. 2 (not named individually in the text); Appellant No. 3 / Secretary of Bhavnagar Municipal Corporation: Appellant No. 3 (Secretary of Corporation, not named individually in the text); Respondent No. 1 / Claimant Mayor Elect: ARUN SUBODHBHAI MEHTA; Respondent No. 2 / Claimant Deputy Mayor Elect: Respondent No. 2 (not named individually in the text); Respondent No. 3: Respondent No. 3 (not named individually in the text); Respondent No. 5 (the Corporation): Bhavnagar Municipal Corporation
Jurisdiction
India
Judgment Date
28 March 1989
Procedural Posture
Civil Appeal / Civil Appeal No. 1994 of 1989, Appeal by Special Leave From Gujarat High Court Judgment Dated 28.10.88 in L.p.a. 236 of 1988
Outcome
Appeal partly allowed, matter remanded to the Gujarat High Court to determine whether Mayor exercised power bona fide; interim order to continue till 5 May 1989.
Legal Topics
Statutory Powers of Mayor, Cancellation/postponement of Meeting, Interpretation of Municipal/statutory Provisions
Local Government Law Municipal Law Statutory Powers of Mayor Cancellation/postponement of Meeting Interpretation of Municipal/statutory Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

JAYANTBHAI MANUBHAI PATEL

Appellant No. 1 / Mayor of Bhavnagar Municipal Corporation

Appellant No. 2 (not named individually in the text)

Appellant No. 2 / Deputy Mayor of Bhavnagar Municipal Corporation

Appellant No. 3 (Secretary of Corporation, not named individually in the text)

Appellant No. 3 / Secretary of Bhavnagar Municipal Corporation

ARUN SUBODHBHAI MEHTA

Respondent No. 1 / Claimant Mayor Elect

Respondent No. 2 (not named individually in the text)

Respondent No. 2 / Claimant Deputy Mayor Elect

Respondent No. 3 (not named individually in the text)

Respondent No. 3

Bhavnagar Municipal Corporation

Respondent No. 5 (the Corporation)

Procedural Posture

Civil Appeal / Civil Appeal No. 1994 of 1989, Appeal by Special Leave From Gujarat High Court Judgment Dated 28.10.88 in L.p.a. 236 of 1988

Legal Issues

  1. 1 Whether the Mayor of Municipal Corporation can cancel the notice and postpone the meeting convened by him before the meeting is held under the Bombay Provincial Municipal Corporation Act, 1949.
  2. 2 Applicability of Section 21 of the Bombay General Clauses Act, 1904 to the Mayor’s power to postpone/cancel meetings.

Ratio Decidendi

The Mayor of a Municipal Corporation, having statutory power to convene meetings under Clause 1(c) of Chapter II of the Schedule to the Bombay Provincial Municipal Corporation Act, 1949, also has implied power under Section 21 of the Bombay General Clauses Act, 1904 to cancel or postpone a meeting before its commencement, provided the power is exercised bona fide and for a proper purpose.

Court Disposition

Appeal partly allowed, matter remanded to the Gujarat High Court to determine whether Mayor exercised power bona fide; interim order to continue till 5 May 1989.

Orders

  • Matter remanded to Gujarat High Court for determination whether Mayor exercised cancellation/postponement power bona fide and within scope of Act.
  • High Court requested to dispose of the writ petition by 30 April 1989.