Indra Prasanna Mukerji, J. - (1.) On 4th August, 2016, seven councillors of Jhalda Municipality made a requisition to its Chairman under Section 18(3) of the West Bengal Municipal Act, 1993 to convene a special meeting. The agenda of this meeting was removal of the Chairman of the Municipality.
(2.) Rule 9(3)(b) of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995 prescribes the following:- b) A special meeting may also be convened after giving not less than three days' notice to the members, on a requisition containing specifically the agenda and signed by not less than one-third of the total number of Councillors of the Municipality, by - (i) the Chairman, within fifteen days from the date of receipt of such requisition or, on his failure to do so, (ii) the Vice-Chairman within seven days thereafter or, on his failure to do so, or (iii) any three of the Councillors of the municipality within further seven days thereafter.
(3.) Therefore, the Chairman is required to convene a meeting within fifteen days from the date of receipt of the requisition giving not less than three days' notice of the meeting to the members. The insertion of this phrase giving not less than three days notice to the members implies that the words convening a meeting refer to the act of issuing a formal notice of the meeting only. If does not relate to the date of holding the meeting. The provision also contains a default Clause. If the Chairman does not convene the meeting within fifteen days it could have to be convened by the Vice-Chairman within seven days thereafter. If he fails any three of the councillors can call a meeting within seven days thereafter.;