Authority of Municipal Chairperson
Bhawani Mahapatra
(Querist) 13 May 2011
This query is : Resolved
Can a chairperson, who is an elected member, of an urban local body(namely Municipality)issue notice(s)/correspond for enforcement of law/statute/order to a private company/individual?
If so, under what provisions of law ? If not, how can we challenge his authority
Devajyoti Barman
(Expert) 13 May 2011
The official power of the office bearers of the Municipality is clearly spelt out in the concerned Municipal Act.
Now if there is any mis feasance or mal fesance of those office bearers , appropriate writ petition could be filed against them.
M V Gupta
(Expert) 15 May 2011
No. It is the duty of the Commissioner of Municipality to issue such notices. Elected chairman of the Municipality is to preside over the meetings of the Committee only.
Guest
(Expert) 15 May 2011
Mr. MV Gupta may perhaps need to review his reply as posts of commissioners do not exist in every municipality. Every municipality is not like municipal corporations of metropolitan cities. There are different statuses of municipalities depending upon the population of the concerned town, small city, or a metropolitan city. In small towns and cities, only secretary is employed in the municiplaities to look after the execution jobs or correspondences on behalf of the municipalities.
M V Gupta
(Expert) 15 May 2011
What I stated was that the issue of notice is not the j0b of the Chairman, but is to be done by the Commissioner of the Mubnicipality. If in a small place the post of the commissioner is not there any officer who is in charge of the administration would discharge that duty. No dispute on this.
Guest
(Expert) 16 May 2011
Since the work of municipality cannot be stopped, in the absence of the secretary, where either the post of the secretary remains unmanned, or the secretary being on long leave, or due to non-affordability (shortage of funds) there exists no post of secretary, all such work has to be looked after by the Chairperson only. Moreover, even the Secretary has to do the job on behalf of the municipality, its chairperson and representatives. So, there is nothing wrong, if the chairperson has signed any order or notice to be issued to any person or company for enforcement of the existing law.
