GUJARAT HIGH COURT: DISMISSEDMUNICIPALITY ELECTED MEMBERS’IMPLEADMENT PLEA; MORBITRAGEDY SUO MOTO CASE

The Gujarat High Court in the case Suo Motu versus State Of Gujarat, Chief Secretary observed and has dismissed an application moved by certain elected members of the Morbi Municipality seeking their impleadment in the suo moto case being instituted by the High Court pertaining Morbi Bridge collapse, which claimed of 135 lives. The bench comprising of Chief Justice Aravind Kumar and the Justice Ashutosh J. Shastri in the case observed and has opined that the councillors are not a necessary or proper party to the suo moto case proceedings and at this stage, therefore, their presence wasn’t necessary. It was observed that the elected councillors had moved the High Court by submitting that since the HC had, in one of its earlier orders, asked the state to take over Morbi Civic Body by dissolving the same exercising its power under the Gujarat Municipalities Act, thus, in the suo moto proceedings, their impleadment became necessary. Further, it has been clarified by the High Court that any observations are not been made by him wherein asking the State government to take over the administration of the Civic Body. It has also been stated by the court that in fact, it being the submission of Advocate General’s that the state government was contemplating superseding the Civic Body. Therefore, it has been stated in its order earlier, it had only questioned the state as to when there being a default on part of the civic body, then why action was not been taken against the civic body, but it has not been asked by him to the State governments for taking over the civic body. The court observed that finding that even before any action in this regard was taken, the 46 elected members of the Morbi Municipality had moved the instant, the court stated and has held that the applicants can’t be termed to be necessary or proper parties in the proceedings. Therefore, it has been clarified by the court that if the state takes any action in this regard, the counsellors/applicant would be at a liberty to move court seeking an appropriate remedy. With this, the court dismissed of their plea. A notice has also been issued by the bank under to M/S Ajanta (a private contractor which was responsible for carrying out repair works on the bridge) to intervene in the suo moto proceedings. Accordingly, the court listed the matter to be heard next on January 19, 2023.