BASANT SHRAVANEKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra-court appeal assails the order dtd. 20/2/2020 passed in W.P. No. 27794/2019 whereby challenge to the order of Collector dtd. 19.11.2019 was turned down by the learned Single Judge.

(2.) Shorn of unnecessary details, relevant facts are that 14 councilors submitted a proposal/resolution for recalling the President of Municipal Council, Maheshwar. Same was registered as Case No. C-144/2019-20. The Collector directed all the councilors to remain present on 25.10.2019 at 04 p.m. for verification of their signatures.

(3.) Indisputably, all such councilors remained present with their identity proof before the Collector on 25.10.2019 and 04.11.2019. On both the aforesaid dates, the Collector was busy elsewhere/in administration work and, therefore, could not take up the matter. Councilors represented the motion/proposal put their signatures on the order-sheet dtd. 25/10/2019. Thereafter, learned Collector posted the matter on 19.11.2019. On the said date, out of 14, only 10 councilors remained present before the learned Collector. Learned Collector passed the order dtd. 13.11.2019 by taking assistance of Sec. 47(2) of M.P. Municipalities Act, 1961 (Municipalities Act) and opined that out of 15 councilors, 3/4th councilors (12) should have remained present for the purpose of verification of signatures on the resolution/proposal. Since, only 10 councilors remained present, the resolution/proposal was declined. This order of learned Collector was unsuccessfully challenged by the appellant by filing W.P. No. 27794/2019.