The Hindu : Deputy Mayor can never become Mayor: HC

Online edition of India's National Newspaper
Thursday, Jul 11, 2002

Southern States

Southern States - Tamil Nadu

Deputy Mayor can never become Mayor: HC

By A. Subramani

CHENNAI JULY 10. Within 20 days of assuming charge as `acting Mayor' of Chennai, `Karate' R. Thigarajan, was today told by the Madras High Court that ``the temporary incapacity suffered by M.K. Stalin cannot empower him to describe himself either as acting Mayor or as Mayor in-charge'.

Disposing of a contempt of court petition against the Deputy Mayor, the Corporation Commissioner and the Law Secretary, the First Bench emphasised: ``A Deputy Mayor can never become a Mayor and even if the Mayor's post is vacant, the Deputy Mayor has to discharge the functions attached to the post of Mayor until the regular Mayor is elected. More so, in a case like this, where the Mayor is temporarily incapacitated because of non-grant of complete stay as sought for''.

The Bench, comprising the Chief Justice B. Subhashan Reddy and Justice D. Murugesan, also said, ``it is needless to mention that if the writ petition (challenging the one-man, one-post law) is allowed, the elected Mayor, M. K. Stalin will be entitled to continue and discharge his functions''.

On Mr. Thiagarajan's status in the Corporation Council, the Bench said, ``he shall continue as Deputy Mayor and shall be entitled to convene and attend all the meetings of the Council and sign papers as Deputy Mayor, using the words `for Mayor'. The order also effectively barred the Deputy Mayor from using the facilities attached to the post of elected Mayor such as flag, robes, car and office room, and recorded a memo submitted on behalf of Mr. Thiagarajan. ``Insofar as aspects like using the flag, car, robes and room meant for the Mayor are concerned, Mr. Thiagarajan submitted a memo today stating that he was not using the Mayor's car, robes, room and the flag, and that he had also no intention of using them... this is recorded''. Referring to the contention in the Commissioner's counter-affidavit, the Bench said, ``his interpretation of the (interim) order passed by us to the effect that the Mayor is incapacitated for the present is correct. The Mayor post in the instant case did not fall vacant''.

However, the First Bench did not accept the contention by the petitioner's senior counsel, K.M. Vijayan, on the status of Section 38A of the Madras City Municipal Corporation Act. ``We are not acceding to the contention of Mr. Vijayan that Section 38A is impliedly overruled because of the provision contained in Article 243ZF of the Constitution. Section 38A is not repugnant to Article 243ZF and still survives and as such Mr. Thiagarajan shall be entitled to discharge the functions attached to the post of Mayor by convening and attending all Council meetings and signing all papers, mentioning the words `for Mayor'.

Earlier, calling for `introspection' on installation of an`acting Mayor', the Chief Justice wondered why there was so much ``fanfare that so and so was in, and so and so was out. Was so much controversy necessary when the matter was sub judice?'' ``How is your client (Mr. Thiagarajan) understanding our interim order (incapacitating Mr. Stalin)? Is he thinking that he has become the Mayor? Or does he think that he is the acting Mayor?'' Referring to the appalling civic conditions in Chennai, the Chief Justice wanted to know what the civic and Pollution Control Board authorities were doing. He asked whether the civic authorities could file a report on residential areas where drinking water was supplied through pipes.

Printer friendly page
Send this article to Friends by E-Mail

Southern States

Stories in this Section

Deputy Mayor can never become Mayor: HC

The mother is as much a victim as the baby

`Fleeing Al-Umma men planned to blow up rail track'

Kalam goes down memory lane at alma mater

The Danish fort is getting back its glory

Singapore to woo Indian tourists

We won't seek NDA help: MDMK

Go ahead, Swamy tells Jayalalithaa