RAJENDAR SINGH Vs. N K SHEJWALKER

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution seeks a suitable writ and directions for removal of respondents Nos. 1 and 2 alleging that they have respectively assumed the office of the Mayor and that of the Deputy Mayor of the municipal Corporation, Gwalior, in contravention of the provisions of the M. P. Municipal Corporation Act, 1956, (hereinafter called 'the Act' ). The petitioner is a taxpayer and resides within the Gwalior Municipal Corporation.

(2.) ON March 22, 1969, respondent No. 1 was elected the Mayor of the Corporation, after the general election held in the month of January 1969. He was not an elected or selected councillor. By virtue of Section 23 of the Act his term of office was from the date of election until the first meeting in the next following year. He was thus to continue as Mayor upto March 21, 1970.

(3.) THE Corporation summoned a meeting to be held on March 20, 1970, for electing the Mayor and the Deputy Mayor "for the next ensuing year, i. e. , March 22, 1970 to March 21, 1971. " A notice to that effect was issued on March 9, 1970. The date and time for polling were fixed as March 20, 1970 at 12 mid-day. In this meeting which was held on the appointed date, i. e. , March 20, 1970, respondent no. 1 was elected as the Mayor for the ensuing year and respondent No. 2 was elected as the Deputy Mayor. At the said meeting of the Corporation in which the mayor and the Deputy Mayor were elected as aforesaid, respondent No. 1 presided.