RAJESH KATHURIA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the order dated 24/01/2005 passed by learned Single Judge in W.P.No.8421/2011.

(2.) The appellant is an elected President of Municipal Council, Morena. The Collector constituted a Committee of Shri A.B. Singh, Joint Collector, Morena Shri Yogendra Singh Bhadoriya, District Treasury Officer, Morena and Y.P. Batham, Deputy Director, Social Justice, Morena Centre vide order dated Annexure P/1 in regard to financial irregularity committed by the Municipal Council Morena to the effect that the amount which had been given to the Municipal Council under the head of Social Security Pension was deposited in other heads and paid to different persons. Another order Annexure P/2 was also passed by the Collector in regard to financial irregularity to the effect that some vouchers and cheques books were seized. In the aforesaid documents, the signatures of Chief Municipal Officer were not found. The appellant challenged the aforesaid orders before the writ Court on the ground that the Collector had no power and authority to order enquiry in regard to affairs of the Municipal Council, Morena. Learned Single Judge dismissed the writ petition on the ground that the allegations against the appellant are of financial irregularities upto the extent of Rs.86.00 lacks, hence, no interference is called for.

(3.) Learned senior counsel appearing on behalf of the appellant has contended that under the provisions of Madhya Pradesh Municipalities Act, 1961, the Collector has no power and authority to order enquiry about the working of a municipality. It has further been submitted that the orders passed by the Collector are without power and authority. In support of his contentions, he relied on a judgment of this Court in the case of S.S. Tiwari vs. State of M.P., 1998 2 MPLJ 25.