ANIL KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appeal arises against the order dated 13.04.2018 passed by a learned Single Judge in Writ Petition (C) No. 472 of 2018. Since the learned Single Judge allowed the writ application in favour of the Petitioner/Respondent No. 5, set aside the decision of the Collector, Bilaspur recommending recall of the President of the Municipality to the State Government, so the appeal.

(2.) It may be clarified at the threshold that the whole controversy arose when 4 of the Councillors who were originally part of a group of 13 Councillors who had signed on a proposal for recall of the President to the District Collector, but decided to withdraw their signature almost at the stage when election was about to be held.

(3.) Since the whole case hinges on Section 47 of the Chhattisgarh Municipalities Act, 1961 (for short 'the Act'), the Court reproduces the said section as part of this order, which reads as under: