Chandrakant Khaire v. Dr. Shantaram Kale & Ors. (1989) 65 Comp Cas 121 (SC)

Issues

1. Was the first corporation meeting adjourned for the day, adjourned sine die, or just suspended?
2. Could the Commissioner “postpone” the first meeting to another day under Section 6(2)?

Rules

• Rule 1(h) – Powers of Chairman: May suspend proceedings to restore order; must inform the house as far as possible.
• Section 6(2): The first meeting, once properly convened, cannot be shifted to another day or adjourned sine die.
• Definitions: “Adjourned for the day”, “adjourned sine die”, and “proceedings suspended” are different in effect and timing.

Facts (Timeline)

• 6 May 1983, 2:00 pm: Inaugural meeting of Aurangabad Municipal Corporation begins.
• 2:30 pm: Elections for Mayor, Deputy Mayor, Standing Committee set to start; disruption by opposition.
• ~4:30 pm: Commissioner indicates the meeting will continue once order is restored.
• 5:15 pm: Protest filed claiming the meeting stood “postponed for the day.”
• Respondents later declared elected as Mayor and Deputy Mayor; writ filed challenging validity.
• High Court upholds that the meeting was only suspended and resumed the same day; special leave sought.

Arguments

Judgment

The Supreme Court affirmed the High Court. The first meeting was not adjourned for the day or sine die; it was only suspended and later continued the same day. Elections were valid. Special leave was refused; no costs.

Ratio Decidendi

In a properly convened first meeting, the presiding officer may suspend proceedings to restore order and resume the same day. He cannot unilaterally adjourn it to another day or sine die. If he acts otherwise, a quorum may proceed with scheduled business.

Why It Matters

• Clarifies the Chair’s limited powers at an inaugural sitting.
• Prevents misuse of “postponement” to derail first-meeting business.
• Guides municipal bodies on handling disorder without breaking legality.

Key Takeaways

• Suspend, Not Shift A pause to restore order is lawful; moving the day is not.
• Quorum Power If Chair exceeds power, quorum may continue business.
• Clear Terms “Adjourn”, “sine die”, and “suspend” have distinct meanings.

Mnemonic + 3-Step Hook

Mnemonic: “S-A-S” — Suspend to restore order, not Adjourn the day, resume Same day.

1. Spot disorder at an inaugural meeting.
2. State a brief suspension; inform members.
3. Sit again the same day and finish business.

IRAC Outline

Glossary

Adjournment

To move the meeting to a later time/day; if indefinite, it is adjourned sine die.

Suspension

A short pause during the same day to restore peace and order.

Quorum

Minimum members required for valid proceedings; may continue if Chair acts beyond power.

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