HC stalls appointment of municipal administrators

Sandesh Prabhudesai
22 June 2000  

In a landmark judgement, the Goa bench of Bombay high court has restrained the state government from appointing administrators on municipalities while continuing term of the existing councils till fresh elections are held in four months.

Goa is perhaps the first state in the country which tried to defy the provisions in the 74th constitutional amendment which makes it mandatory for the government to hold municipal polls after the five-year term expires, neither allowing extension of the term nor appointing administrators.

However, the coalition government led by Francisco Sardinha here in partnership with the BJP had last month decided to dissolve 11 municipal councils by 20 June and appoint administrators. "There is no harm even if law does not provide for it", Sardinha had said while pronouncing the cabinet decision.

"Running of a local body by bureaucrats should be the last option. Local bodies must be run by duly elected representatives", stated the division bench consisting of Justice Ferdin Rebello and Justice V C Dag. The act does not provide for a vacuum or appointment of administrator in such a situation, they added.

The government decision was challenged by the All Goa Councillors' Forum and few others asking whether the term of councillors could be extended if elections are not held before the term expires. The Forum cited section 42 (3) which provides for the terms of the outgoing council till the newly elected council takes over.

Though advocate general Atmaram Nadkarni argued on the basis of section 298 that the constitution does not provide for extension of the term, the high court pointed out that the Goa Legislative Assembly did not find section 42 (3) inconsistent and hence did not amend it.

"When there is choice before this court between section 42 (3) and section 298, it must weigh in favour of elected councillors to continue as against appointment of an administrator", stated the court order.

Though the government had cited reasons like delimitation of few wards and notifying of election rules for postponing the elections and keep the self-governing bodies under the state control, Sardinha is now compelled to constitute new councils by 21 October this year.

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