OMPRAKASH DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE two writ petitions challenge the validity of, A portion of sub -rule (2) of rule 4 {rule 4(2)} (the impugned portion) of the Chhattisgarh Municipalities (The Conduct of Business of the Mayor -in -Council/ President -in -Council and the Powers and Functions of the Authorities) Rules, 1998 (the Rules) providing that the Vice -President will be a member of President - in -Council; The circular dated 08.04.2005 explaining the impugned portion; and The show -cause notice issued to the Petitioners on 20.06.2011 and 30.08.2011 to show cause as to why action be not taken against them under section 41A of the Chhattisgarh Municipalities Act, 1961 (the Act) for removing the Vice -Presidents as members of the President -in -Council. THE FACTS

(2.) THE State Government issued a circular dated 08.04.2005 indicating that under the Rules, the Vice -Presidents are to be included as members of the President -in -Council and as such, they should be included in the President -in -Council. They have been included in the municipalities.

(3.) THIS writ petition relates to Municipal Council, Birgaon. The election in this Municipal Council for the post of the President was held on 24.12.2010. Shri Omprakash Dewangan, the petitioner in this case was elected and took oath on 05.01.2011.