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Tamil Nadu
Courts cannot interfere with local body heads’ prerogatives, rules judge
Staff Reporter
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Dismisses a writ petition filed by 17 councillors of Pattukottai Municipality
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MADURAI: Courts cannot interfere with a local body chairperson’s decision to suspend councillors from the council meeting for unruly behaviour, the Madras High Court has ruled.
Dismissing a writ petition filed by 17 councillors of the Pattukottai Municipality in Thanjavur district, Justice P. Jyothimani said it would not be possible for the court to go into the validity of the decisions taken at the meeting.
“The prerogative power of the Chairman to suspend a councillor is exercised not only in the best interest of the democratic principles but also to preserve decency, decorum and order in the council,” he said.
The petitioners said their municipality was represented by 33 councillors.
The chairperson, belonging to the ruling party, on December 31, suspended one of them with ulterior motives and passed a number of resolutions by casting her vote twice as there was a tie.
Drawing a comparison with the practice followed in Parliament, petitioners’ counsel contended that Municipal Chairpersons could cast their vote only once in case of a tie and not the general vote along with other councillors.
To this, Mr. Justice Jyothimani said: “I do not think that either the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha can be compared with a municipal chairman. Parliament is involved in the law making process in the country, which is not the case as far as municipalities are concerned.”
Pointing out that rules framed under the Tamil Nadu District Municipalities Act authorised the chairperson to vote twice, the Judge said: “The 6th respondent (chairperson) was elected only by virtue of her election as a councillor and it is nobody’s case that by becoming the chairman of the council she ceases to be the councillor of the ward she represents.”
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