AIVEZ KUMAR DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned Counsel appearing for the parties.

(2.) Challenge in this petition is to the notification dated 15-1-2010 (Annexure P-l) whereby under the provisions of Section 16 (1) of the Chhattisgarh Municipalities Act, 1961 (for short "the Act, 1961") a committee comprising of President, Vice President and six Members was constituted in respect of the Municipal Council, Birgaon (for short "the respondent Council").

(3.) The indisputable facts, in brief, as projected by the petitioner, are that the respondent Council was constituted on 17-1-2003 and accordingly a committee was constituted and notified under the provisions of Section 16 of the Act, 1961. Thereafter, election of the office bearers of the respondent Council took place on 19-12-2004. First meeting of the elected Council took place on 15-1-2005. The term of the elected Council came to an end on 17-1-2010. Thereafter, it was incumbent upon the authorities to hold election of the office bearers of the Council under the provisions of law. Instead of conducting the election, the State Government exercising its power under Section 16 (1) of the Act, 1961 constituted a committee comprising of President, Vice President and six Members by notification dated 15-1-2010 (Annexure P-l). On 11-9-2009, a notification was published to include six villages namely, Rawanbhata, Achholi, Beergaon, Urla, Sarora & Urkura within a territorial limit of respondent Council inviting objections from a person or local authority. Thereafter, vide notification dated 22-12-2009 (Annexure P-6) the said villages were included within the territorial limit of respondent Council. The impugned notification dated 15-1-2010 was issued, which was contrary to the provisions of law. Thus, this petition.