RADHESHYAM KHARE Vs. STATE

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India the petitioners challenge the validity of the Notification issued by the State Government on 25 -5 -1959 (Ex. P -9) by which the Municipal Committee, Dhamtari, has been dissolved under Section 57 of the Central Provinces and Berar Municipalities Act, 1922 (hereinafter referred to as the Act). They pray for a writ of certiorari to quash the notification and for a writ of mandamus against the respondents prohibiting them from interfering with the exercise of their functions under the Act.

(2.) PETITIONER No. 1 Radheshyam Khare was elected as President of the Municipal Committee, Dhamtari, on 10 -7 -1955. His term of office expires on 26 -7 -1960. Petitioner No. 2 is the Municipal Committee, Dhamtari, itself. Petitioner No. 3 Mohammad Bhai is a member and a vice -president of the Municipality. The remaining petitioners are elected members of the Municipality. Respondent No. 1 is the State Government, respondent No. 2 is the Under Secretary in the Local Self Government Department and respondent No. 3 is the Executive Officer appreciated by the State Government.

(3.) BY a notification issued on 18 -11 -1957 the State Government had appointed an Executive Officer under Section 53 -A of the Act. That older was challenged by the petitioners Nos. 1 and 2 and the matter was taken up to the Supreme Court. The order was held valid by the High Court and the decision was confirmed by the Supreme Court. (See Radheshyam vs. State of M.P. AIR 1959 SC 107). The term of the Executive Officer was for 18 months from 1 -12 -1957.