RANCHOD JIRATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioners (both of whom are the Councillors in the Municipal Council, Anjad, District Barwani, MP) against the inaction on the part of the respondents to fill in the vacancy of the President of Municipality, Anjad, District Barwani, seeking the following relief:-

(2.) The petition has been subsequently amended and order dated 28.06.2021 (Annexure P/10) passed by respondent/State of Madhya Pradesh, appointing Smt. Manjula Rakesh Patidar, who is nominated as the President of the Municipal Council, Anjad District Barwani (MP), has also been challenged.

(3.) In brief, the facts giving rise to the present petition are that in the year 2018, the elections for the post of President and Councillors for the Municipality, Anjad, District Barwani (MP) were held and on 29.01.2018, the result was declared in which Smt. Santosh Shekhar Chand Patni was declared as the President of the said Municipality. However, on account of spread of COVID-19, Smt. Santosh w/o Shekhar Chand Patni suffered from Corona and passed away on 26.04.2021 (Annexure P/4). Another Councillor, (Gyarsi Bai w/o Babulal) of Ward No. 7 also passed away on 04.08.2020. On 04.05.2021, vide Annexure P/6 a communication was made by the Collector, Barwani, who has recommended the name of Councillor of Ward No. 3 (petitioner No. 2 herein) to be nominated for the post of President, as per provisions of Section 37 of the Madhya Pradesh Municipality Act, 1961; and thereafter, as no order was passed in respect of petitioner No. 2, nominating her as the President, a representation was also submitted by eleven councillors of the said Municipality on 18.06.2021 (Annexures P/7, P/8 and P/9), however, no orders were passed.