MUNICIPAL COUNCIL KHARSIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE two petitioners (1) Municipal Council, Kharsia, and (2) Shri Gyaniram have filed this petition under Article 226 of the Constitution seeking a writ of certiorari for quashing the order of the State Government (respondent No. 1) dated 15-121970 (annexure N) published in the Madhya Pradesh Rajpatra dated 16-12-1970 whereby the Kharsia Municipal Council (hereinafter called the Council) was dissolved with effect from 16-12-1970 and further claiming a mandamus commanding the respondents not to give effect to the said order in any manner.

(2.) THE following facts are not in dispute and it is necessary to state them for proper appreciation of the controversy between the parties.

(3.) THE said Council is a Class IV Municipality constituted under the M. P. Municipalities Act, 1961 (hereinafter called the Act ). The last general elections of this Council were held in June, 1969 in which eleven councillors were elected. Six of the councillors elected belonged to the Jan Sangh Party and thus this party was returned in majority. The elections of the office-bearers and co-option of councillors was made in the month of August, 1969. The petitioner No. 2 Gyaniram was elected President for a term of two years under Section 43 (2) of the Act. He was elected as a councillor on the Jan Sangh Party ticket. The term of the Council was four years from the date of the first meeting, which was held on 14-11-1969. Thus the term of the Council would have been upto 13-11-1973 if it had not been dissolved