Girjaram Halnor v. Aurangabad Municipal Corporation
through its Commissioner and others
1997-01-22
N.P.CHAPALGAONKER, R.G.DESHPANDE
body1997
DigiLaw.ai
JUDGMENT - R.G. DESHPANDE, J.:---Rule. Rule made returnable forthwith. 2.The petitioner herein, Chairman of the Standing Committee of the Aurangabad Municipal Corporation, made a grievance about the certain directions of the Deputy Commissioner, Municipal Corporation in pursuance of the directions of the State Election Commission. The elections of the Zilla Parishads in the State are in process and by letter dated 15-1-1997 the Town Secretary, Aurangabad informed the petitioner that since the Code of Conduct is in operation, no policy decisions can be taken in the meetings of the Municipal Corporation. Therefore, though a meeting can be called, there can be no discussion in the meeting and no policy decision can be taken. It is also pointed out in the petition that the vehicles belonging to the Corporation and used by various officers and non-official office bearers have been withdrawn and it is prayed that they should be allowed to make use of them. 3.Article 243-K of the Constitution of India empowers the Governor to appoint a State Election Commission and the superintendence, directions and control of the preparation of electoral rolls for and the conduct of all elections to the Panchayats is vested in the State Election Commission by the said Article. It is not in dispute that when the Election Commission is entrusted with the power of superintendence, give directions and to control an election, to issue certain guidelines as Code of Conduct is a power ancillary to the said power and, therefore, the Election Commission is well within its rights to issue a Code of Conduct. The only requirement is that those guidelines or directions issued by the Election Commission should be essential for maintenance of the purity of election process. Such guidelines or directions need not stop the day to day working of the representative institutions and the developmental work. 4.It is not in dispute that at present, there are no elections in the Aurangabad Municipal Corporation area. However, since in the adjacent area, the election process is on, care will have to be taken that the official machinery in Aurangabad Municipal Corporation is not misused for furthering the prospects of any candidate contesting election in the adjoining area. 5.It was contended by the petitioner that the budget of the Municipal Corporation will have to be considered and passed as per the schedule, otherwise it will create financial and administrative difficulties.
5.It was contended by the petitioner that the budget of the Municipal Corporation will have to be considered and passed as per the schedule, otherwise it will create financial and administrative difficulties. We can appreciate this and do not think that passing of the budget can be an interference with the election process outside the Municipal area. We would only utter a word of caution that while doing the routine work for the welfare of the citizens in the Municipal area, care should be taken that any decision which would affect the rural population in the adjoining areas, should not be taken such as proposal to extend the Municipal limits or extending the Municipal services to other areas. So far as the use of cars is concerned, as a precaution, we do not wish to interfere with the condition imposed on the use of official cars by the non-official office bearers of the Corporation but we would like to permit the servants of the Corporation to use the official vehicles for the office work only. They should also exert care that these vehicles are not misused and are not in any way used to assist the electionerring in the adjoining areas. We, therefore, give the following directions. (a)The Municipal Corporation can continue with the routine work such as holding meetings, discuss the normal matters therein pertaining to the budget or the municipal services. They can discuss and pass the budget and they can also take decisions regarding the matters entrusted to the Municipal Corporation. However, political overtones should be avoided and there should be no political discussions in the meetings during this period. (b)The budget passed can be announced to the public by the servants of the Municipal Corporation. (c)The vehicles owned by the Municipal Corporation can be used by the servants of the Municipal Corporation strictly for the office use. 6.With these modifications to the Code of Conduct, the writ petition stands disposed of. Rule made absolute. No order as to costs. *******