- (1.) Leave granted. introduction :
(2.) The appellant herein, Chairman of the standing Committee of the second respondent-Municipal Corporation of City kalyan and Dombivali (hereinafter referred to as 'the Corporation') had filed a writ petition before the Bombay High Court praying for issuance of a writ of or in the nature of mandamus dir acting the respondents ensure that whenever a proposal for grant of approval of the contract in terms of Section 73 of the Mumbai Provincial Muhicipal corporation Act, 1949 (hereinafter referred to as 'the Act) is placed before the Starding committee, the same should contact the tender forms and other documents submitted by the contractor as well as other documents, if any, containing the record of negotiations made by the Commissioner of the Corporation after the tenders all openeing placed before it The said petition was dismissed by the High Court on an interpretation of clause (c) of Section 73 of the Act as also the locus of the appellant. THE ACT VIS-A-VIS THE PARTIES :
(3.) The respondent-Corporation has been constituted under the provisions of the said act. The first respondent herein is the commissioner of the said Corporation appointed in terms of Section 36 of the Act. The'state is also a statutory authority under the Act and may in a given situation exercise its revisional jurisdiction in terms of Section 451 thereof. A Standing Committee is constituted under Section 20 of the said Act. The Chairman of the Standing Committee is elected in terms of Section 21 thereof. The Standing Committee exercises various powers with which we are not concerned at present. Section 73 empowers the Commissioner to execute contracts on behalf of the Corporation but clause (c) thereof restricts the said power in the following terms : "(C) no contract which will involve an expenditure (ten lac rupees) or such higher amount as the Corporation may, with the approval of the (State) Government, from time to time prescribe, shall be made by the commissioner unless the same is previously approved by the Standing Committee: provided that, where the previous approval of the Standing Committee is sought by the commissioner for any contract the standing Committee shall consider and dispose of the proposal made by the Commissioner in that behalf within fifteen days from the date on which the item is first included in the agenda of any meeting of that committee, failing which the approval to such contract shall be deemed to have been given by the Committee, and a report to that effect shall be made bv the Commissioner to the Corporation"background FACTS;