Holding

The standing committee ceases to exist upon the expiry of the municipal corporation’s term because its members are councillors whose offices terminate co‑terminus with the corporation, and an administrator’s appointment cannot revive it.

Summary

The appellant, Hemant Narayan Rasne, who was elected Chairman of the Standing Committee of Pune Municipal Corporation (PMC) just before the corporation's five‑year term expired on 14 March 2022, filed a writ petition seeking to continue the Standing Committee’s existence despite the appointment of an Administrator after the term ended. The State Government, citing the inability to hold elections due to the COVID‑19 pandemic, appointed the Commissioner as Administrator under sections 1A and 1B of section 452A of the Maharashtra Municipal Corporations Act, 1949. The High Court dismissed the petition, holding that the Standing Committee could not survive the dissolution of the corporation because its members are councillors whose terms end co‑terminus with the corporation under sections 6 and 6A of the Act and Article 243U of the Constitution. On appeal, the Supreme Court affirmed that once the corporation’s term ends, no councillor remains in office, so the Standing Committee automatically dissolves; the proviso in section 20(3) applies only when members are in office at the time of elections, not after the corporation’s expiry. The Court also held that the appointment of an Administrator under section 452A does not override the constitutional and statutory limits on the corporation’s tenure. Consequently, the appeal was dismissed.

Issues considered

The standing committee of a municipal corporation can continue to function after the corporation's statutory term has expired.
Whether the appointment of an administrator under sections 1A/1B of section 452A of the Maharashtra Municipal Corporations Act can override the termination of councillors' terms and the dissolution of the standing committee.
Interpretation of the proviso to sub‑section (3) of section 20 of the Maharashtra Municipal Corporations Act in the context of a corporation whose term has ended.

Legislation cited

Bombay Municipal Corporation Act, 1888s. Section 48
Constitution of Indias. Article 243U
Maharashtra Municipal Corporations Act, 1949s. 20, s. 452, s. 452A, s. 6, s. 6A

Subjects

municipal corporationstanding committeeterm of officeadministratordissolutionCOVID-19Article 243UMaharashtra Municipal Corporations Actcontinuity of committees

Judgment

180 [2022]
SUPREME COURT 18 S.C.R. 180
REPORTS [2022] 18 S.C.R.

A HEMANT NARAYAN RASNE
v.
THE COMMISSIONER AND ADMINISTRATOR OF PUNE
MUNICIPAL CORPORATION & ORS.
B (Civil Appeal No. 7685 of 2022)
OCTOBER 19, 2022
[DINESH MAHESHWARI AND J.K. MAHESHWARI, JJ.]
Maharashtra Municipal Corporations Act, 1949: ss. 6, 6A,
20, 452A; Constitution of India, Art.243U – Corporation election –
C
Continuance of Standing Committee – When the term of Pune
Municipal Corporation (PMC) came to an end – State government
on being informed that it was not possible to conduct general
elections for constitution of the new Corporation, appointed an
administrator – Appellant, Chairman of the Standing Committee of
D PMC filed a writ petition before High Court on the ground that the
Standing Committee shall remain in existence until constitution of
new Standing Committee, irrespective of appointment of the
administrator – High Court dismissing writ petition held that once
a Councillor ceases to be Councillor, the Standing Committee would
not still exist and continue to function as such and it was the
E
Administrator, who was appointed, who would exercise the powers
and functions of the Corporation – Challenge against – Held: When
no person could be said to be holding the office of the Councillor
after completion of the term in view of the mandate of ss.6 and 6A
of the Act of 1949, it follows as a necessary corollary that the
F Standing Committee stood dissolved along with the completion of
the term of the Corporation – The proviso to sub-section (3) of s.20
cannot be read to mean that notwithstanding the expiration of the
duration of a Corporation and thereby, termination of the term of
office of the Councillors, there could still be any Standing Committee
in existence – Sub-sections (1A) and (1B) of s.452A of the Act,
G
which are operating in the instant case, deal with a specific peculiar
contingency where general elections could not be held during the
time specified by the enactment even after the expiry of the term of
the Corporation, essentially due to COVID-19 pandemic situation
– Appointment of Administrator in such a contingency does not and
H
180
HEMANT NARAYAN RASNE v. COMMNR. & 181
ADMINISTRATOR OF PUNE MUNICIPAL CORPN.

cannot override the mandate of Art.243U of the Constitution of A
India as also the provisions of ss.6 and 6A of the Act as regards the
tenure – End of the tenure of Corporation has its consequential
effect of the end of the term of the office of the Councillor; and
when no person including the present appellant could be said to be
holding the office of Councillor after end of the term of the
B
Corporation, existence of any Standing Committee thereafter, is
simply out of question – Any other interpretation shall be standing
at conflict with the mandate of Art.243U of the Constitution of India
and ss.6 and 6A of the Act of 1949.
Dismissing the appeal, the Court
C
HELD: 1.1 Whether the Standing Committee could be said
to be a continuing Committee even after the term of the
Corporation has come to an end and thereby, the term of the
office of its members, i.e., the Councillors has also ended. The
answer could only be in the negative. [Para 12][196-F]
D
1.2 When no person could be said to be holding the office
of the Councillor after completion of the term in view of the
mandate of Sections 6 and 6A of the Act of 1949, it follows as a
necessary corollary that the Standing Committee stands dissolved
along with the completion of the term of the Corporation. The
proviso to sub-section (3) of Section 20 of the Act of 1949 E
essentially comes in operation only in the eventuality when there
are existing members of the Standing Committee in office when
general elections are held and they are to retire on the election
of a new Committee, i.e., at the first meeting of the Corporation
after general elections. The proviso cannot be read to mean that F
notwithstanding the expiration of the duration of a corporation
and thereby, termination of the term of office of the Councillors,
there could still be any Standing Committee in existence. It gets
perforce iterated that the Standing Committee stands dissolved
along with the completion of the term of the Corporation. [Para
13 & 14][197-B-E] G
1.3 The provision of Section 452 essentially operates in
relation to the contingency where the State Government takes
the steps for dissolution of the existing Corporation after

H
182 SUPREME COURT REPORTS [2022] 18 S.C.R.

A opportunity of show cause upon being satisfied that the
Corporation is not competent to perform the duties imposed upon
it or is persistently making default or is abusing its powers. Sub-
sections (1A) and (1B) of Section 452A of the Act, which are
operating in the present case, deal with a specific peculiar
contingency where general elections could not be held during
B
the time specified by the enactment even after the expiry of the
term of the Corporation, essentially due to COVID-19 pandemic
situation. Appointing of Administrator in such a contingency does
not and cannot override the mandate of Article 243U of the
Constitution of India as also the provisions of Sections 6 and 6A
C of the Act as regards the tenure. [Para 15][197-F-H; 198-A]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7685
of 2022.
From the Judgment and Order dated 29.03.2022 of the High Court
of Judicature at Bombay in W.P. (C) No.3627 of 2022.
D
Shyam Divan, Vinay Navare, Sr. Advs., Shreeyash U. Lalit,
Mahesh Kumar, Nikhil Borwonkar, Manish Sharma, Roopenshu Pratap
Singh, Ms. Devika Khanna, Mrs. V. D. Khanna, Advs. for the Appellant.
Mrs. Anita Shenoy, Sr. Adv., Makarand D. Adkar, Vijay Kumar,
E Ms. Rekha Rani, Shantanu M. Adkar, Ms. Bharti Tyagi, Anand Landge,
Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Advs. for the
Respondents.
The Judgment of the Court was delivered by
DINESH MAHESHWARI, J.
F
Leave granted.
2. By way of this appeal, the appellant has questioned the order
dated 29.03.2022 whereby, the High Court of Judicature at Bombay has
dismissed the writ petition (No. 3627 of 2022) filed by him while asserting
his capacity as the Chairperson of the Standing Committee of respondent
G No. 2, Pune Municipal Corporation1 and seeking the relief essentially to
the effect that irrespective of expiry of the term of the Corporation, the
Standing Committee shall nevertheless continue to function and the order
issued by the Government on 03.03.2022, appointing an Administrator,
does not forbid the Standing Committee from functioning in accordance
1
H Hereinafter also referred to as ‘the Corporation’.
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 183
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

with the provisions of the Maharashtra Municipal Corporations Act, 19492. A
3. For comprehension of the relevant factual aspects, we may
take note of the fact that the term of the Pune Municipal Corporation
was coming to an end on 14.03.2022 and when the Government was
informed that it would not be possible to conduct general elections for
constitution of the new Corporation, the referred order dated 03.03.2022 B
was issued, appointing the Commissioner, Pune Municipal Corporation,
as its Administrator. This order dated 03.03.2022 reads as under: -
“GOVERNMENT OF MAHARASHTRA
Urban development department
C
Govt. Order No. M C O – 2020/ C. No. 71(part - 2) Na.
Vi. – 14
Mantralaya (main building), 4th floor,
Madam Cama road, Hutatma rajguru Chowk, Mumbai –
400032. D
Dtd. 03 March 2022.
Ref : - 1] The Maharashtra act No. 1 of year 2021 dtd. 13/
1/2021 2] The Maharashtra act No. 6 of year 2021 dtd. 23/
03/2021 3] letter of the state election commission No. Ra
Ni Aa/ Ma Na Pa – 2020 / C. No. 7 / Ka – 5 Dtd. 02/02/ E
2022.
Government Order
2] It has been informed vide ref. No. 3 that, it will not be
possible to conduct general elections whose tenure is ending F
in the months of March – April, 2022; within the prescribed
time and also to appoint the administrator there after the
tenure of the local bodies is over.
3] As the tenure of the municipal corporation is at the
most five years from the date of the first meeting as per the G
article 243 U of the Constitution of India and also as per the
provision in the sec. 6, 6(A) of the Maharashtra municipal
corporation act 1949, hence the above said tenure cannot
continued beyond that.
2
Hereinafter also referred to as ‘the Act of 1949’/ ‘the Act’. H
184 SUPREME COURT REPORTS [2022] 18 S.C.R.

A 4] Due to this, The appointment of the Commissioner,
Pune Municipal Corporation is being made as the
administrator at the Pune Municipal Corporation whose
tenure is ending on the date 14/03/2022, as per the provisions
in the of the Maharashtra municipal corporation act 1949
and especially as per the provisions in the (1 A), (1 B) of
B
the sec. 452 A.
5] The Commissioner, Pune Municipal Corporation should
take the charge as the administrator when the prescribed
tenure of the Pune Municipal Corporation is over and carry
out the necessary procedure as per the provisions in the
C act.
In the name of and by the order of the Hon. Governor of
Maharashtra.
Sd/-
D ( Mahesh Pathak )
The Principal Secretary ( Na Vi – 2 )”
3.1. The case of the appellant is that on 24.02.2022, the
programme for election of the new Chairperson of the Standing
Committee of the Corporation was announced; and in the elections
E
conducted on 04.03.2022 in that regard, he was duly elected as the
Chairman. The appellant made a representation on 10.03.2022 to the
effect that irrespective of the appointment of Administrator, the Standing
Committee will remain in existence until constitution of new Standing
Committee after general elections. This representation was replied by
F the Government on 14.03.2022 with reference to the provisions contained
in Article 243U of the Constitution of India and Section 6A of the Act of
1949 while stating that the proposition of the appellant was inconsistent
with the applicable provisions of law. Feeling aggrieved, the appellant
preferred the writ petition that has been dismissed by the High Court by
way of its impugned order dated 29.03.2022.
G
4. The High Court, after detailed survey of the relevant provisions,
found the suggestions made on behalf of the appellant devoid of substance,
while observing, inter alia, as under: -

H
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 185
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

“5. First and foremost, it is required to be noted that there is A
no provision under the Maharashtra Municipal Corporation
Act, 1949 which states that notwithstanding the tenure of
the Corporation coming to an end, the Standing Committee
of the Corporation continues to exist and can function as a
Standing Committee. It is well settled principle in law that
B
the Court cannot read anything into the statutory provisions
which is not provided therein.
6. Article 243-U(1) of the Constitution lays down that every
Municipality, unless sooner dissolved under any law for the
time being in force, shall continue for five years from the
date appointed for its first meeting and “no longer”. Similarly, C
Section 6(i) of the Maharashtra Municipal Corporation Act
provides that every Corporation, unless sooner dissolved,
shall continue for a period of five years from the date
appointed for its first meeting and “no longer”. The words
“no longer” used in Article 243-U(1) of the Constitution D
and section 6(1) of the Maharashtra Municipal Corporation
Act, thus mandate that the duration of the Corporation can
only be for a period of 5 years and there can be no extension
to the tenure of the Corporation. Section 6A of the
Maharashtra Municipal Corporation Act stipulates that the
term of the Councillors shall be co-terminus with the duration E
of the Corporation.
7. On a plain reading of the above provisions, there can be
no manner of doubt that upon the duration of the Corporation
coming to an end, a Councillor ceases to be Councillor. Once
a Councillor ceases to be Councillor, we do not see how the F
Standing Committee, which comprises 16 Councillors, can
still exist and continue to function as such and it is the
Administrator, who is appointed, exercises the powers and
functions of the Corporation. The entire emphasis of the
learned Counsel for the Petitioner is on the proviso to section G
20(3) of the Maharashtra Municipal Corporation Act, which
states that all the members of the Standing Committee in
office shall retire from office on the election of the new
Committee under sub-section (2) of section 20. This
submission of the learned Counsel entirely overlooks the
H
186 SUPREME COURT REPORTS [2022] 18 S.C.R.

A situation in the present case where an Administrator (the
Commissioner) has been appointed. Once an Administrator
is appointed, it is only the Administrator who can exercise
the powers and perform functions of the Corporation. This
is also clear on plain reading of section 452A of the
Maharashtra Municipal Corporation Act, which mandates
B
that the Administrator shall exercise “all” the powers and
perform “all” the functions and duties of the Corporation
under the Maharashtra Municipal Corporation Act and shall
hold office until the first meeting of the Corporation. The
Petitioner has not raised any challenge to the appointment
C of the Administrator by the State Government and the
challenge is limited to the extent of proscription in allowing
the Standing Committee to function. In the teeth of the
section 452A of the Maharashtra Municipal Corporation Act,
we do not see how it can be contended that notwithstanding
the tenure of the Corporation coming to an end and
D
notwithstanding the appointment of the Administrator, the
Standing Committee would still exist and can continue to
function. Merely because in case of ‘Transport Committee’
there is a specific provision [i.e. proviso to section 25(5)]
that the member of the Transport Committee on ceasing to
E be Councillor, ceases to be member of the Transport
Committee and its office becomes vacant or in case of
‘Wards Committee’, there is a specific provision [i.e. section
29A(3)] that the duration of the Wards Committee shall be
co-terminus with the duration of the Corporation, cannot
lead to the conclusion that despite the absence of any such
F
specific provision in the Maharashtra Municipal Corporation
Act, the Standing Committee still exists and can continue to
function. It is difficult to fathom a situation where
notwithstanding section 452A under which the Administrator
exercises all the powers and perform functions, the Standing
G Committee simultaneously exercises such powers and
functions under the provisions of the Maharashtra Municipal
Corporation Act”.
(emphasis supplied)

H
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 187
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

5. While considering the petition filed by the present appellant in A
challenge to the order aforesaid, this Court broadly took note of the
submissions made on behalf of the appellant, particularly with reference
to the scheme of Act of 1949 as also the provisions contained in the
Bombay Municipal Corporation Act, 18883 and, while issuing notices,
observed as under: -
B
“A copy of the impugned order dated 29.03.2022, as
filed with I.A. No. 71890 of 2020 is taken on record.
No further order is required on the application seeking
permission to file special leave petition without certified copy
of the impugned order. The application I.A. No. 61735 of C
2022 is, accordingly, disposed of.
While questioning the order impugned, learned senior
counsel appearing for the petitioner has, inter alia, taken
us through the proviso to sub-section (3) of Section 20 of
the Maharashtra Municipal Corporations Act, 1949 (‘the D
Act of 1949’) as also the provisions contained in Section
452 (2) (c) and while contrasting it with the provisions
contained in Section 452 A (1B) of the Act of 1949.
Learned senior counsel has further referred to the
specific provision contained in Section 48 of the Bombay E
Municipal Corporation Act, 1888 (‘the Act of 1888’), which
provides for continuity of the Standing Committee,
irrespective of the retirement of the councillors and until
the appointment of new Standing Committee.
Learned senior counsel submits that though no such F
provision akin to Section 48 of the Act of 1888 is there in
the Act of 1949 but, a comprehensive consideration of the
provisions of the Act of 1949, including those contained in
Section 20 read with Section 452A as also the other
provisions concerning other committees like Section 25
concerning Transport Committee and Section 29A G
concerning Wards Committee would lead to the logical
deduction that so far the Standing Committee in terms of
Section 20 is concerned, its life cannot be treated as co-
terminus with the term of the Corporation.
3
Hereinafter also referred to as ‘the Act of 1888’. H
188 SUPREME COURT REPORTS [2022] 18 S.C.R.

A Issue notice, returnable in six weeks.
Dasti service in addition to ordinary process is permitted”.
6. The contesting respondents having appeared and having filed
the counter affidavit, we have heard the learned counsel for the parties
finally at this stage itself.
B
7. Learned senior counsel for the appellant has taken us through
the scheme of the Act of 1949 and has put forth the submissions that the
constitution and term of the Standing Committee is governed by Section
20 of the Act of 1949 and, when the prescription therein is compared
with the provisions in relation to the other Committees like the Transport
C Committee in Section 25 and the Wards Committee in Section 29A, the
striking feature is that while the term or period of existence of those
Committees or its Member-Councillors are limited or co-terminus with
the duration of Corporation, there is no such corresponding provision in
Section 20. On the contrary, as per the proviso to sub-section (3) of
D Section 20, all the members of the Standing Committee in office at the
time of holding of elections, retire from the office only on the election of
a new Standing Committee. Therefore, according to the learned counsel
for the appellant, the scheme of enactment is clear that the tenure of the
Standing Committee has never been envisaged to be co-terminus with
the term of the Corporation.
E
7.1. Learned senior counsel has further referred to various
provisions of the Act of 1949, like those contained in Sections 68(2),
69(2), 96, 101, 102 and 272 to underscore the point that the Standing
Committee remains rather pivotal in the entire functioning of the
Corporation and even if an Administrator is appointed in the given
F contingencies, particularly those pertaining to Section 452A of the Act
of 1949, continuance of the Standing Committee for proper performance
of the functions and duties of Corporation is rather indispensable.
7.2. Learned senior counsel has further submitted with reference
to Section 48 of the Bombay Municipal Corporation Act, 1888 that in the
G said enactment, provision has specifically been made for continuance
of the Standing Committee, until the appointment of new Standing
Committee, notwithstanding that the members of the Committee may
not be Councillors. This, according to the learned counsel, is clearly
indicative of the fact that in the scheme of the enactments relating to
H
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 189
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

municipal functions, perpetual continuance of Standing Committee is not A
a concept unknown; rather it is explicitly provided in the Act of 1888 and
is implicit in the scheme of the Act of 1949.
7.3. According to the learned senior counsel for the appellant,
when a dissolution of the Corporation takes place in terms of Section
452 of the Act, the powers and duties of the Corporation including Standing B
Committee could be exercised by such Government Officer/Officers as
may be appointed in terms of clause (c) of sub-section (2) of Section
452 but then, there is no such akin provision in Section 452A of the Act.
This is also, according to the learned counsel, indicative of the fact that
in relation to the contingencies of Section 452A, as applicable to the
present case, the Standing Committee shall continue to operate. C

7.4. In substance, the submission of the learned senior counsel
for the appellant has been that the Standing Committee being appointed
as continuing body, does not cease to function with expiry of term of the
Corporation; and the Standing Committee that was constituted on
04.03.2022, before the expiry of the term of the Corporation, that is D
before 14.03.2022, continues to exist.
8. Per contra, learned senior counsel for the contesting respondents
has particularly drawn our attention to the provisions relating to the
composition of the Transport Committee and Wards Committee and has
submitted that the said Committees being comprising of Councillors as E
also other members, specific provisions for limiting their term was required
to be made. According to the learned counsel, no such provision was
required to be made for the Standing Committee because of the
fundamental fact that the Standing Committee, in terms of sub-section
(1) of Section 20, consists only of Councillors as its members (16 in F
number).
8.1. Learned senior counsel would submit that when the term
of office of the Councillor is co-terminus with the duration of the
Corporation in view of Section 6A of the Act of 1949 and then, the
duration of Corporation itself is for a period of five years and no longer, G
any proposition of survival of Standing Committee after completion of
term of the Corporation (and thereby ending the term of the Councillors),
is incompatible with the scheme of the Act of 1949. Learned counsel
has also referred to provisions contained in Article 243U of the

H
190 SUPREME COURT REPORTS [2022] 18 S.C.R.

A Constitution of India to submit that the unextendible term of the
Municipality being five years, any proposition of continuance of Standing
Committee cannot be countenanced.
8.2. Thus, learned counsel for the contesting respondents has
supported the order passed by the High Court.
B 9. Learned senior counsel for the appellant would submit in
rejoinder that proviso to sub-section (3) of Section 20 of the Act of 1949
makes it clear that the members of the Standing Committee are to retire
from office only on the election of new Committee under sub-section
(2); and such a positive provision, contradistinguished with the provisions
C of Sections 25 and 29A, makes it clear that the Standing Committee is a
continuing body and even when the term of the Corporation has come to
an end, the lastly constituted Standing Committee shall continue to
function until the constitution of the new Standing Committee.
10. Having given thoughtful consideration to the rival submissions
D with reference to law applicable, we are clearly of the view that this
appeal remains devoid of substance and deserves to be dismissed.
11. The relevant provisions referred to by the learned counsel for
the parties and having bearing on the present discussion read as under: -
The Constitution of India
E
“243U. Duration of Municipalities, etc.-(1) Every
Municipality, unless sooner dissolved under any law for the
time being in force, shall continue for five years from the
date appointed for its first meeting and no longer:
Provided that a Municipality shall be given a reasonable
F
opportunity of being heard before its dissolution.
xxx xxx xxx”
Maharashtra Municipal Corporations Act, 1949
“Section 6. Duration of Corporation.
G
(1) Every Corporation, unless sooner dissolved, shall
continue for a period of five years from the date appointed
for its first meeting and no longer.
(2) A Corporation constituted upon the dissolution of a
Corporation before the expiration of its duration, shall
H
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 191
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

continue for the remainder of the period for which the A
dissolved Corporation would have continued under sub-
section (1) had it not been so dissolved.
Section 6A. Term of office of Councillors.
The term of office of the Councillors shall be co-terminus
with the duration of the Corporation.” B

*** *** ***
“Section 20. Constitution of Standing Committee.
(1) The Standing Committee shall consist of sixteen
councillors. C
(2) The Corporation shall at its first meeting after general
elections appoint sixteen persons out of its own body to be
members of the Standing Committee.
(3) One-half of the members of the Standing Committee
D
shall retire every succeeding year at noon on the first day
of the month in which the first meeting of the Corporation
mentioned in sub-section (2) was held:
Provided that all the members of the Standing
Committee in office when general elections are held shall
retire from office on the election of a new Committee under E
sub-section (2).
(4) The members who shall retire under sub-section (3)
one year after their election under sub-section (2) shall be
elected by lot at such time previous to the date for retirement
specified in sub-section (3) and in such manner as the F
Chairman of the Standing Committee may determine, and
in succeeding years the members who shall retire under
this section shall be those who have been longest in office:
Provided that, in the case of a member who has been
re-appointed, the term of his office for the purposes of this G
sub-section shall be computed from the date of his re-
appointment.
(5) The Corporation shall at its meeting held in the month
preceding the date of retirement specified in sub-section
H
192 SUPREME COURT REPORTS [2022] 18 S.C.R.

A (3) appoint fresh members of the Standing Committee to
fill the offices of those who are due to retire on the said
date.
(6) Any Councillor who ceases to be a member of the
Standing
B Committee shall be eligible for re-appointment.”
*** *** ***
“Section 25. Appointment of Transport Committee.
(1) In the event of the Corporation acquiring or
C establishing a Transport Undertaking, there shall be a
Transport Committee consisting of thirteen members for
the purpose of conducting the said undertaking in accordance
with the provisions of this Act and subject to the conditions
and limitations as are contained therein.
D (2) The Corporation shall at its first meeting after a
Transport Undertaking is acquired or established, appoint
twelve members of the Transport Committee from among
persons who in the opinion of the Corporation have had
experience of, and shown capacity in, administration or
transport or in engineering, industrial, commercial, financial
E
or labour matters and who may or may not be councillors.
xxx xxx xxx
(5) One-half of the members of the Transport Committee
appointed by the Corporation shall retire in every second
F year on the first day of the month in which the meeting
referred to in sub-section (2) was held:
Provided that, in the case of a councillor appointed a
member of the Transport Committee, if at any time before
the date of his retirement he ceases to be a councillor, he
G shall cease to be such member, and his office shall thereupon
become vacant. The vacancy shall be filled in accordance
with the provisions of sub-section (9), as if it had occurred
under Section 26.
xxx xxx xxx”
H
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 193
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

*** *** *** A
“29A. Constitution of Wards Committees.
xxx xxx xxx
(2) Each Wards Committee shall consist of -
(a) the councillors representing the electoral wards B
within the territorial area of the Wards Committee;
(b) the officer incharge of the territorial area of the
Wards Committee;
(c) such number of other members not exceeding three,
C
nominated by the Councillors referred to in clause (a), from
amongst the members of recognised non-Government
Organisations and Community based organisations engaged
in social welfare activities working within the area of the
Wards Committee:
D
Provided that such persons are registered as electors
in the wards within the jurisdiction of the Wards Committee:
Provided further that the norms for recognition of the
Non-Government Organisations, the requisite qualification
for nomination as members and the manner in which they
are to be nominated shall be such as the State Government E
may prescribe.
(3) The duration of the Wards Committees shall be co-
terminus with the duration of the Corporation.
xxx xxx xxx” F
*** *** ***
“Section 452. Power of State Government to dissolve
Corporation.
(1) If at any time upon representation made or otherwise
G
it appears to the State Government that the Corporation is
not competent to perform, or persistently makes default in
the performance of, the duties imposed upon it by or under
this Act or any other law for the time being in force or
exceeds or abuses it powers, the State Government may,
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194 SUPREME COURT REPORTS [2022] 18 S.C.R.

A after having given the Corporation an opportunity to show
cause why such order should not be made, by an order
published, with the reasons therefor, in the Official
Gazette dissolve the Corporation with effect from the date
to be specified in the Order,
B (2) With effect from the date specified in the order
passed under sub-section (1) or with effect from the date
on which the Corporation stands dissolved under the proviso
to article 243-ZF, the following consequences shall ensue:-
(a) ***
C (b) ***
(c) all powers and duties of the Corporation, the
Standing Committee, the Transport Committee and
all other committees constituted under the Act, shall,
during the period of dissolution be exercised and
D performed by such Government Officer or Officers
as the State Government may, from time to time,
appoint in this behalf;
(d) on dissolution of the Corporation all the property
vested in the Corporation shall vest in the State
E Government.
(e) the person or persons appointed under clause (c)
may delegate his or their powers and duties to an
individual of a committee or sub-committee.
(f) the Government Officer or Officers appointed
F
under clause (c), and the individual or the members
of the committee or sub-committee referred to in
clause (e) shall receive such remuneration from the
Municipal Fund as the State Government may from
time to time determine.
G (3) ***
(4) The Corporation shall be re-constituted by election
of councillors at general ward elections within the time
specified for the purpose in clause (b) of section 6B:

H
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 195
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

Provided that the person or persons appointed under A
clause (c) of sub-section (2) shall continue to exercise the
powers and perform the duties of the Corporation, the
Standing, Committee and, as the case may be, the Transport
Committee until the first meeting of the Corporation
constituted by the election of councillors as aforesaid shall
B
have been held.
Section 452A. Power of State Government to appoint
Government officer or officers to exercise powers and
perform functions and duties of Corporation.
(1) For every Municipal Corporation deemed to have C
been constituted or constituted for a larger urban area under
sub-section (1) or sub-section (2) as the case may be, of
section 3, the State Government may appoint a Government
officer or officers to exercise all the powers and to perform
all the functions and duties of a Corporation under this Act:
D
xxx xxx xxx
(1A) Notwithstanding anything contained in this section,
where the State Election Commission has brought to the
notice of the State Government that it is not possible for the
State Election Commission to conduct the general elections E
to the Corporation due to outbreak of COVID-19 pandemic
in the State, then the State Government may, by order,
appoint a Government officer or officers, or extend the
period of any officer appointed under sub-section (1), for
such period as may be requested by the State Election
Commission, which shall not extend beyond the 30th April F
2021, to exercise all the powers and to perform all the
functions and duties of the Corporation under this Act.
(1B) Notwithstanding anything contained in this section,
where the State Election Commission has brought to the
notice of the State Government that it is not possible for it G
to conduct the general elections to the Corporation within
the period specified in the order issued under sub-section
(1A), due to COVID-19 pandemic situation in the State,
then the State Government may, by order, appoint a
Government officer or officers, or extend the period of any
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196 SUPREME COURT REPORTS [2022] 18 S.C.R.

A officer appointed under sub-section (1), for such period as
may be requested by the State Election Commission, for
exercising all the powers and performing all the functions
and duties of the Corporation under this Act.
(2) The officer or officers appointed under sub-section
B (1) shall hold office until the first meeting of the Corporation
or for a period of six months from the date of specification
of an area as a larger urban area, under sub-section (2) of
section 3, whichever is earlier:
Provided that the Administrator deemed to have been
C appointed as the Government officer under sub-section (1)
shall hold office until the first meeting of the Corporation.
xxx xxx xxx”
The Bombay Municipal Corporation Act 1888

D “Section 48. The Standing Committee in existence on the
day for the retirement of councillors shall continue to hold
office until such time as a new Standing Committee is
appointed under section 43, notwith-standing that the
members of the said Committee or some of them may no
longer be Councillors.”
E
12. The importance of Standing Committee in the setup of a
Municipal Corporation and myriad functions to be discharged by it, as
stated in various provisions of the Act of 1949, are hardly of any dispute
but then, reference to all such provisions remains entirely inapposite to
the present case because the question herein is as to whether the Standing
F Committee could be said to be a continuing Committee even after the
term of the Corporation has come to an end and thereby, the term of the
office of its members, i.e., the Councillors has also ended. In our view,
the answer could only be in the negative.
13. When it is apparent that the duration of the Corporation itself
G is for a period of five years and no longer, as per the mandate of
Article 243U(1) of the Constitution of India, duly reflected in Section 6
of the Act of 1949; and the term of the office of Councillors has
specifically been provided to be co-terminus with the duration of
Corporation in Section 6A of the Act of 1949; and then, the Standing
H
HEMANT NARAYAN RASNE v. COMMNR. & ADMINISTRATOR 197
OF PUNE MUNICIPAL CORPN. [DINESH MAHESHWARI, J.]

Committee is to be consisting of “sixteen Councillors”, we are unable to A
find any logic in the submissions made by the learned counsel for the
appellant that even if the term of the Corporation comes to an end and
even when the term of office of the Councillors comes to an end yet, the
Standing Committee as existing on the date of completion of the terms
of Corporation and Councillors shall continue to be in office until
B
composition of the new Committee after elections. When no person
could be said to be holding the office of the Councillor after completion
of the term in view of the mandate of Sections 6 and 6A of the Act of
1949, it follows as a necessary corollary that the Standing Committee
stands dissolved along with the completion of the term of the Corporation.
14. The proviso to sub-section (3) of Section 20 of the Act of C
1949 essentially comes in operation only in the eventuality when there
are existing members of the Standing Committee in office when general
elections are held and they are to retire on the election of a new
Committee, i.e., at the first meeting of the Corporation after general
elections. The proviso cannot be read to mean that notwithstanding the D
expiration of the duration of a Corporation and thereby, termination of
the term of office of the Councillors, there could still be any Standing
Committee in existence. It gets perforce iterated that the Standing
Committee stands dissolved along with the completion of the term of the
Corporation.
E
15. The other contention urged on behalf of the appellant by
comparison of Sections 452 and 452A of the Act, particularly that no
akin provision as that of Section 452(2)(c) is found in Section 452A, is
also devoid of logic and substance. The provision of Section 452
essentially operates in relation to the contingency where the State
Government takes the steps for dissolution of the existing Corporation F
after opportunity of show cause upon being satisfied that the Corporation
is not competent to perform the duties imposed upon it or is persistently
making default or is abusing its powers. Sub-sections (1A) and (1B) of
Section 452A of the Act, which are operating in the present case, deal
with a specific peculiar contingency where general elections could not G
be held during the time specified by the enactment even after the expiry
of the term of the Corporation, essentially due to COVID-19 pandemic
situation. Appointing of Administrator in such a contingency does not
and cannot override the mandate of Article 243U of the Constitution of
India as also the provisions of Sections 6 and 6A of the Act as regards
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198 SUPREME COURT REPORTS [2022] 18 S.C.R.

A the tenure. As already noticed, end of the tenure of Corporation has its
consequential effect of the end of the term of the office of the Councillor;
and when no person including the present appellant could be said to be
holding the office of Councillor after end of the term of the Corporation,
existence of any Standing Committee thereafter, is simply out of question.
Any other interpretation, in our view, shall be standing at conflict with
B
the mandate of Article 243U of the Constitution of India and Sections 6
and 6A of the Act of 1949.
16. In regard to the other submissions on behalf of the appellant
with reference to Section 48 of the Act of 1888, we could only comment
that no such provision and not even an akin provision is found in the Act
C of 1949. For what has been discussed hereinabove, the said argument
does not take the case of the appellant any further.
17. Accordingly and in view of the above, this appeal fails and is,
therefore, dismissed.

D Devika Gujral and Anurag Bhaskar Appeal dismissed.
(Assisted by : Rahul Kumar, LCRA)

E

F

G

H