MIDNAPUR ZILLA PARISHAD Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
MIDNAPUR ZILLA PARISHAD
STATE OF WEST BENGAL
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(1.) THESE rules, issued on applications under Article 226 (1) of the Constitution, were heard together as they raise more or less common questions. In all these applications what have been disputed are orders all dated April 23, 1969 and all in same terms passed by the State of West Bengal in exercise of its powers under section 109a of the West Bengal Zilla Parishads Act 1963 (West Bengal Act 35 of 1963) (hereinafter referred to as the said zilla Parishads Act ). By this order the State of West Bengal has put the petitioners, the Zilla Parishads under the control of administrators the result whereof is to supersede the members of the Parishads for reasons set out in the order. The petitioners before this court are the Zilla Parishads together with in some cases the Chairman and the Vice-Chairman thereof.
(2.) AS the averments made in all the applications under the Article 226 of the Constitution are more or less the ;same or similar, I shall first take up civil Rules 1905 (W) of 1969 (Midnapore zilla Parishad and others v. The State of West Bengal and others) for consideration on the pleadings of the respective parties therein. I shall refer to the other cases only hereinafter.
(3.) IN the above Civil Rule No. 1905 (W) of 1969 the petitioners to this court are (1) Midnapore Zilla parishad (2) Sri Rash Behari Pal, chairman, Midnapore Zilla Parishad and (3)Sri Prodyot Kumar Mohanti, Vice chairman, Midnapore Zilla Parishad. There is no dispute that this Zilla parishad was constituted on November 30, 1964. It is claimed by the petitioners that the Parishad took charge of office on December 17, 1964 and since then had been functioning as such until the impugned order dated April 23, 1969 put the Parishad under the control of an administrator appointed by that order. It is not disputed that the administrator was appointed by the state Government in exercise of its powers under section 109a of the said zilla Parishad Act which section was introduced for the first time by an ordinance on April 19, 1969 called the west Bengal Zilla Parishads (Amendment)Ordinance 1969 (West Bengal ordinance-No. 4 of 1969) (hereinafter referred to as the said Ordinance ). Section 109a so introduced by the Ordinance runs as follows:
"appointment of an Administrator where Zilla Parishad or Anchalik parishad unable to function for defect of constitution, etc. 109a. (1) Where by reason of any judgment, decree or order of a competent court holding the constitution of a Zilla Parishad or an Anchalik parishad to have become defective or for any other reason a Zilla Parishad or an anchalik Parishad is unable to function until it is reconstituted in accordance with the provisions of this Act, the State Government may, by order, appoint a person to act as the Administrator for the Zilla Parishad or the Anchalik Parishad, as the case may be. (2) When an order has been made under sub-section (1) appointing an administrator in respect of a Zilla parishad or an Anchalik Parishad, then with effect from the date of the order- (a) all members and associate members of the Zilla Parishad or the anchalik Parishad and members of the standing Committees thereof shall vacate their respective offices; (b) all the powers, duties and functions which may by or under this act or any other law for the time being in force be exercised and performed by the Zilla Parishad or the Anchalik Parishad or any Standing Committee thereof or by the Chairman or Vice-Chairman of the Zilla Parishad or the president or Vice-President of the anchalik Parishad shall be exercised and performed by the Administrator in such manner and under such conditions as the State Government may direct. (3) The appointment of an Administrator under sub-section (1) in respect of a Zilla Parishad or an anchalik Parishad shall terminate on the completion of the reconstitution of the zilla Parishad or the Anchalik Parishad, as the case may be. (4) The State Government may fix a remuneration for the Administrator appointed under sub-section (1) and direct that such remuneration shall be paid from the Zilla Parishad fund or the Anchalik Parishad fund, as the case may be. ";
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