AMBIKA CHARAN Vs. COLLECTOR, DURG

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for a writ or direction in the nature of quo warranto against Laxman Prasad Tiwari (respodent No. 4) requiring him to show cause how he claims to be the elected Chairman of the Janapada Sabha, Bemetara.

(2.) THE facts, which are not in dispute, may shortly be stated as follows. At the relevant time, the Janapada Sabha, as Bemetara, consisted of 27 elected members and five Chairmen of the standing committees. The Chief Executive Officer, Janpada Sabha, Bemetara, (respondent No. 2), on 7th March 1959, convened a meeting of the Sabha for the purpose of electing a new Chairman to fill in the casual vacancy of the Chairman caused by the resignation of the previous Chairman. Notices of the aforesaid meeting were issued to the 27 elected councillors, of whom only 25 attended the meeting. The five Chairmen of the Standing Committees of the Sabha, who had not been noticed for the meeting, also attended the meeting and claimed to exercise their right of vote at the election of the, Chairman on the ground that they were deemed to be councillors under Section 23 (3) of the Madhya Pradesh Local Government Act, 1948 (hereinafter referred to as 'the Act') The Deputy Chairman of the Sabha, who was presiding over the meeting, ruled in their favour, and consequently they were allowed to vote at the election of the Chairman. In the election, which followed, Laxman Prasad Tiwari (respondent No. 4) was elected the Chairman; while the petitioner Ambika Charan Choubey was declared to have been unsuccessful.

(3.) THE only question, therefore, is whether the Chairman of the Standing Committees were entitled to vote at the election of the Chairman of the Sabha held on 7 -3 -1959.