SITABAI KATARIA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER-SITABAI by this petition has called in question the order dated 24-1-2000 passed by the State Government, Department of "nagariya Prashasan and Vikas", Bhopal, removing the petitioner from the office of the President, Nagar Panchayat (Municipality), Badnawar.

(2.) THE impugned order (Annexure P-17) is made by taking recourse to Section 41-A of the M. P. Municipalities Act, 1961 (for short, 'the Act' ). The office of the President, Nagar Panchayat, Badnawar was reserved for a woman belonging to Scheduled Tribe. Admittedly, the petitioner is a Scheduled Tribe woman, resident of Ward No. 6 of Badnawar town. After the elections for the said office, petitioner-Sitabai was declared elected by the Returning Officer vide certificate dated 28-12-1999 (Annexure P-9 ). However, before she could assume charge of the office a complaint was made by Koksingh - the Intervener herein that election to the said office has been contested not by petitioner- Sitabai but one by Nirmalabai who filed, nomination for the election impersonating herself as Sitabai. On the said complaint which was addressed to the Collector, Dhar, an enquiry was ordered by the Collector. The S. D. M. , Badnawar got the matter inquired by a three member team which on an enquiry found that the complaint was correct. The SDM forwarded the Enquiry Report (Annexure R-1) to the Collector, Dhar, who in turn submitted the same to the State Government. The State Government thereupon issued show-cause notice (Annexure P-12) in terms of the proviso to sub-section (2) of Section 41-A calling upon the petitioner to show-cause as to why she could not be removed from the office of the President. Petitioner filed replies (Annexures P-14 to P-16) to the said show-cause notice and it was, inter alia, contended that no action for her removal on the aforesaid ground could be taken by taking recourse to Section 41-A of the Act. It was pointed out that said Koksingh has already filed election petition challenging the election of the petitioner. However, the Government vide impugned order dated 24-1-2000 (Anncxure P-17) directed for removal of petitioner from the Office of the President, Nagar Panchayat, Badnawar. It was held that her continuance in the said office is not desirable in public interest or in the interest of the Council.

(3.) I have heard Shri Anil Trivedi, learned counsel for the petitioner, Shri S. Mukati, learned G. A. for respondents and Shri S. N. Sharma, learned counsel for the Intervencr.