Southern States - Tamil Nadu   

No provision for acting Mayor: HC

By A. Subramani

CHENNAI JULY 4. The Madras High Court Chief Justice, B. Subhashan Reddy, today said that since there was no provision for an `acting Mayor' under the Tamil Nadu Municipal Corporation Act, the Deputy Mayor of Chennai (`Karate' Thiagarajan) could only be a Deputy Mayor, and not `acting Mayor' or `Mayor in-charge'.

Reserving orders on a contempt of court petition filed by the advocate, S. Udhayakumar, the Chief Justice also said he (Mr. Thiagarajan) could not use the premises, car, flag and robes meant for the Mayor. When Mr. Thiagarajan's senior counsel conceded that there was no legal provision to appoint an `acting Mayor' which was only a convention, the judge said, ``then how do you describe yourself as `acting Mayor'. A Mayor has to be sworn in, and should take oath''.

Apparently referring to the decision to `instal' an `acting Mayor', the Chief Justice said, ``according to us, the case is because of overdoing due to overjoy...The political excesses have resulted in further judicial proceedings''. Noting that the matter had been posted for August 5 for final disposal, he said, ``can't they give respect to the judiciary?'' On the interim order restraining the Government from treating the Mayor post as vacant and holding elections for it, Mr. Justice Reddy said, ``we have preserved the post. And there is a legal disability against the (elected) Mayor. Under these circumstances, the Mayoral functions devolve upon the Deputy Mayor, but there is no such thing as acting Mayor. He is a Deputy Mayor, that is all. He cannot use the amenities attached to the Mayor post''. (In his petition, Mr. Udhayakumar sought to punish Mr. Thiagarajan, the Corporation Commissioner and the Law Secretary for having `misinterpreted' the interim order of the court to the `undue enrichment' of the Deputy Mayor, who was installed as `acting Mayor' on June 21. The petition is before the First Bench comprising the Chief Justice and Justice D. Murugesan).

When the Deputy Mayor's counsel asked whether Mr. Thiagarajan could have a nameboard referring to him as Deputy Mayor discharging the functions of a Mayor, Mr. Justice Reddy wondered: ``If he really wants to be Mayor and is so much fascinated by the post, let him contest elections and become a Mayor''.

On M.K. Stalin's counter-affidavit, he said there was no indication that he wanted to continue as Mayor. ``There is not even a wish that he wants to continue. In the scenario, can you force a person to work?''

`No wilful disobedience'

Earlier, the Advocate-General, N.R. Chandran, argued that the contempt petition was bereft of any merit since there was no wilful disobedience on the part of the respondent-officials. ``The contempt petition is being used as a legal thumbscrew to get some favourable order. It should be dismissed as it is''.

The petitioner's senior counsel, K.M. Vijayan, contended that since the post of Mayor could not be treated as vacant, Section 38-A of the Chennai Municipal Corporation Act would not become operational.

In his counter-affidavit, Mr. Thiagarajan said that since he had not been made a respondent in the original writ petition, he could not be included in the contempt petition. ``Both in law and on fact, the application is not maintainable as it is not filed by the aggrieved party (Mr. Stalin)''.

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