DHARMENDRA PATWA Vs. STATE OF C G

JUDGEMENT

(1.) THESE appeals are directed against a common order passed in W.P. (C) Nos. 887/2013 and 908/2013 on 12th December, 2013. By the impugned common order, the Writ Court has directed the Collector to immediately forward the proposal moved by 19 Councilors for recall of the President to the State Government under Section 47 of the Chhattisgarh Municipalities Act, 1961 (the Act or the Act, 1961). The facts, briefly stated, are as under: -

(2.) WE have heard Counsel for the parties.

(3.) LEARNED Counsel for the respondents have argued that the action of the Collector and the contents of the relevant note -sheets would show that the Collector was fully satisfied as per Section 47(2), but he failed to send the proposal to the State Government, thereafter, a right mandamus was issued by the Writ Court About the withdrawal of support by 3 Councilors, they argued that once they had supported the proposal by giving their affidavits on 17 -6 -2013, and the Collector was satisfied in terms of sub -section (2) of Section 47, their later withdrawal would not make any difference and the Collector had no option except to send the proposal to the State Government.