SAMSUDDIN ANSARI Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) As these two writ petitions involve the same cause of action, they are disposed of by this common order.

(2.) The petitioners are the directly elected councillors of Municipal Council, Manendra-garh, District Koriya whereas respondent No. 4 Dharmendra Patwa is the elected President of the said Municipal Council. The total number of elected councillors in Municipal council, Manendragarh is 21. The petitioners and respondent No. 4 were directly elected to their respective posts in the year 2,009. On 12.06.2013,18 councillors including the petitioners moved an application (Annexure P-3) to the Collector, Koriya under Section 47 of the Chhattisgarh Municipalities Act, 1961 (for short "the Act of 1961") for recalling respondent No. 4 - the President of the Municipal Council. At the time of filing this application before the Collector, all the 18 councillors were personally present before the Collector. On 17.06.2013, all the 18 councillors including the petitioners had also given affidavits in support of their application dated 12.06.2013 categorically indicating therein that they have filed application under Section 47 of the Act, 1961 for recalling the President. These affidavits have also been filed along with these petitions.

(3.) On 28.06.2013 vide Annexure P-1 the Collector passed the order directing the Chief Municipal Officer (for short "the CMO"), Municipal Council, Manendragarh for holding the meeting of the councillors on No Confidence Motion by giving them ten days advance notice. In this order it has been mentioned by the Collector that CMO is authorised to call the meeting of the councillors, complete the formalities and then forward the proposal to it.