Date:08/01/2003 URL: http://www.thehindu.com/2003/01/08/stories/2003010804511100.htm

National

SC admits Tamil Nadu petition

By Our Legal Correspondent

NEW DELHI Jan. 7. The Supreme Court today admitted a special leave petition filed by the Tamil Nadu Government against a judgment of the Madras High Court quashing the `one-man-one-post' legislation under which the Chennai Mayor, M.K. Stalin, who was also holding the post of an MLA, was unseated.

A bench comprising Justice R.C. Lahoti, Justice Ashok Bhan and Justice A.R. Lakshmanan issued notice to the respondent-advocate, S. Udhayakumar, on whose petition the High Court quashed the Tamil Nadu Municipal Laws (Amendment) Act, 2002.

The bench, however, declined the request of senior counsel for the Tamil Nadu Government, P.P. Rao, to stay the High Court judgment dated September 6.

In its SLP, Tamil Nadu said the High Court, while quashing the Act, had erred in holding that the State Government could not act against the Mayor other than by constitutional method.

The High Court had also erred in holding that the petitioner had locus standi to file a public interest litigation petition, though Mr. Stalin chose not to challenge the Act.

Pointing out that in view of this judgment, the Government was unable to take a decision with regard to persons holding more than one post and was unable to implement the `one man one post' norm, the SLP prayed for setting aside the impugned judgment and ordering an interim stay of its operation.

Stalin moves SC

Mr. Stalin, through his counsel, V.G. Pragasam, has filed a special leave petition challenging the common High Court order dated September 6 that held that he was ineligible to contest for the post of Mayor for the second time, under Section 30 of the Chennai City Municipal Corporation (CCMC) Act.

This petition will come up for hearing in the next few days.

In his SLP, Mr. Stalin contended that the High Court ought to have seen that the bar in Section 30, rendering an outgoing Mayor or Deputy Mayor ineligible for re-election, was only applicable to the two-year term prescribed in the CCMC Act prior to the 73rd Constitution Amendment.

After the 73rd amendment, the term of the Mayor had been enlarged to five years.

Mr. Stalin contended that under the 73rd amendment, the constitutionality of municipality, including the Mayor's post and tenure thereof, were governed by the Constitution and not by the CCMC Act.

Further, it being a pre-constitutional amendment provision, Section 30 had lost its statutory force.