Kerala Municipality Rules | Pending Cases Not A Ground For Chairperson To Reject Request To Convene Municipality Meetings: High Court

Kerala Municipality Rules | Pending Cases Not A Ground For Chairperson To Reject Request To Convene Municipality Meetings

Case: Rajan J. Pallan & Anr. v. Municipal Corporation of Thrissur & Ors.

Coram: Justice P.V. Kunhikrishnan

Case No.: WP(C) NO. 23175 OF 2021

Court Observation: “The procedure for moving a resolution in the Council meeting and the requisition for convening the meeting are different. Once a request is made by the one third of the members in the Council strictly in accordance to Rule 7(1) read with its proviso, the Chairman has no other option but to convene the meeting. The procedure for moving the resolution in the Council meeting is applicable only after convening the meeting.”

“The Chairperson only needs to look into whether the conditions in Rule 7(1) and its proviso are complied, and if the same is complied with, the Chairperson has no other option but to convene the meeting. The procedure for moving a resolution in the Council meeting is separately narrated in Rule 18.” “Requisition for convening a meeting and procedure for moving a resolution in the Council meeting is different. The question of procedure for moving resolution in the Council meeting is applicable only if there is a meeting is convened. Once a meeting is convened, the procedure for moving a resolution in the Council meeting can be followed by the respondents. But a request for convening a meeting cannot be rejected for the reasons mentioned in Rule 18.”

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Keywords

Kerala Municipality Rules, Municipality Meetings