PALLVIKA PATEL Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Smt. Pallvika Patel was elected President, Nagar Panchayat, Anooppur, District Shahdol in December, 1997. This Nagar Panchayat comprises of 15 elected members besides the petitioner, apart from nominated Members of House of People, Member of Legislative Assembly elected from Anooppur Assembly Constituency, thus taking the total membership of the Nagar Panchayat to 19. The term of office of the President, Nagar Panchayat is five-year from the date of its first meeting. By now, the petitioner has completed three years.

(2.) Section 47 (unamended) of the M.P. Municipalities Act, 1961 (for short the Act of 1961) provided for No-Confidence Motion against the President of the Nagar Panchayat. It could be moved in a meeting specially convened for the purpose under sub-section (2) of S. 47 and if the same was carried by a majority of more than 3/4th of the elected Councillors, present and voting in the meeting and if such majority was more than 2/3rd of the total number of elected Councillors constituting the Council the motion would be sent by the Collector to the State Government and the President would stand removed. This provision has been amended by Amendment Act No. 11 of 1999 published in M.P. Rajpatra (extraordinary) dated 23rd April, 1999 at page 646 (3-5). By this amendment President of Nagar Panchayat can be recalled through a secret ballot by a majority of more than half of the total number of voters of the Municipal area casting vote in accordance with the procedure, as may be prescribed. No such process for recall can be initiated unless the proposal is signed by not less than 3/4th of the total number of elected Councillors and presented to the Collector. It is also provided that such process shall not be initiated within a period of two years from the date on which such President is elected and enters the office and that if half of the period of tenure of the President elected in a by-election has not expired. It also envisages that the process for recall of the President can be initiated only once in his whole term. Thereafter, the Collector has to satisfy himself and verify that 3/4th of the Councillors specified in sub-section (1) of S. 47 have signed the proposal for recall and the same is sent to the State Government which shall make a reference to the State Election Commission. On receipt of the reference, the State Election Commission shall arrange for voting on the proposal of recall in such manner as may be prescribed.

(3.) The grievance of the petitioner is that S. 47 of the Act of 1961 is violative of Art. 243-R of the Constitution of India. Precisely, the challenge is that Art. 243-R of the Constitution of India does not provide for recall of the President/Chairperson directly elected. Therefore, making provision for the same under S. 47 of the Act is unconstitutional. It is also contended that S. 21-A of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (for short hereafter Adhiniyam of 1993) does not make similar provision, therefore, there is requirement of having similar provision for removal/recall for office-bearers of all bodies of Local Self-Government.