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of <h1>Void Section 237: Constitution Violation & Mandamus Issued</h1> <h3>S.M. Nawab Ariff Versus Corporation of Calcutta and Ors.</h3> The court held that Section 237 of the Calcutta Municipal Act was void under Article 13 due to its inconsistency with Article 14. The majority found that ... - Issues Involved:1. Whether Section 237 of the Calcutta Municipal Act is void under Article 13 of the Constitution due to inconsistency with Article 14.2. Whether the procedure under Section 237 is more onerous than the procedure by way of suit under Section 251.Issue-wise Detailed Analysis:1. Whether Section 237 of the Calcutta Municipal Act is void under Article 13 of the Constitution due to inconsistency with Article 14:The primary question was whether Section 237 of the Calcutta Municipal Act violates Article 14 of the Constitution, which guarantees equal protection of the laws. The petitioner argued that Section 237 was ultra vires the Constitution because it allowed for the issuance of a distress warrant without prior notice of demand, thus violating the equal protection clause. The respondents denied these allegations, and the matter was referred to a larger bench for authoritative determination.The court noted that Section 237 provides for the recovery of unpaid consolidated rates through distress and sale of movable property if the rate-payer fails to pay within 15 days of the notice of demand under Section 236. The petitioner contended that this section allowed for unequal treatment of defaulters, as some could be proceeded against by distress while others could be sued in civil court, thus creating an unequal and more onerous law.The court examined the principles laid down by the Supreme Court regarding Article 14, which allows reasonable classification but forbids arbitrary discrimination. The court referred to the Supreme Court's decisions in Budhan Choudhary v. State of Bihar and R.K. Dalmia v. S.R. Tendolkar, which established that a statute must lay down a principle or policy for the guidance of discretion to avoid being struck down as unconstitutional.Upon examining Section 237 and Section 251, the court concluded that the statute did not make any classification between defaulters and left the discretion to the municipal authorities without any guiding principle or policy. This lack of guidance rendered the statute discriminatory, as it provided for arbitrary and uncontrolled power to the authorities, enabling discrimination between similarly situated persons.2. Whether the procedure under Section 237 is more onerous than the procedure by way of suit under Section 251:The court then considered whether the distress procedure under Section 237 was more burdensome than the procedure by way of suit under Section 251. It noted that the distress procedure allowed for immediate recovery of dues through the sale of movable property, which could be executed within a short period, whereas a suit in civil court would take significantly longer and provide the defaulter with more time to pay the arrears.The court observed that the distress procedure was more prejudicial to the defaulter's dignity and reputation, as it involved public seizure and sale of property. The court concluded that the distress procedure was indeed more onerous than the procedure by way of suit, making Section 237 discriminatory and violative of Article 14 of the Constitution.Separate Judgments:K.C. Das Gupta, J.:- Concluded that Section 237 is discriminatory and violative of Article 14 due to the lack of guiding principles for the exercise of discretion by municipal authorities.- Ordered a writ of mandamus to restrain the respondents from executing the distress warrant against the petitioner.S.C. Lahiri, J.:- Agreed with the Chief Justice's judgment, emphasizing that the statute neither made a classification nor laid down any principle for the guidance of discretion, thus making the more onerous procedure void.- Highlighted that the distress procedure was more burdensome than the suit procedure.H.K. Bose, J.:- Dissented, arguing that the provisions of the Calcutta Municipal Act provided a well-defined and regulated procedure for the recovery of taxes, ensuring the financial stability of the Corporation.- Emphasized that the power given to the Commissioner was not unbridled or unguided and that the classification had a reasonable basis.- Concluded that Section 237 did not infringe Article 14 and was not void.Conclusion:The majority judgment held that Section 237 of the Calcutta Municipal Act was void under Article 13 due to its inconsistency with Article 14, as it allowed for arbitrary discrimination without any guiding principle or policy. The dissenting judgment, however, maintained that the section was constitutional and necessary for the effective recovery of municipal dues.
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