AKBAR ALI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS in this writ petition are aggrieved by the orders of their removal from the post of Councillors of Nagar Panchayat, Bijuri, District Shahdol.

(2.) REMOVAL of the petitioners was ordered on 6th June, 2002 as per orders P-1, P-2 and P-3 on the similar charge that charge under Sections 412, 420/34, IPC has been framed by Judicial Magistrate 1st Class, Kotma, hence due to framing of charge it has not been considered desirable in the interest of public that petitioners should continue as Councillors, hence their removal has been ordered and they have been declared disqualified from contesting the next election.

(3.) PETITIONERS were duly elected as Councillors. It is alleged that against the Vice-President Shri B. K. Bansal a no-confidence motion was moved on 15-1-2002, meeting was convened on 5-2-2002 for consideration of said no-confidence motion and Shri B. K. Bansal has been removed from the post of Vice-President, Nagar Panchayat, Bijuri, said Shri B. K. Bansal has filed a false case against petitioners before the Judicial Magistrate 1st Class, Kotma, complaint P-6 was filed. Petitioners applied for grant of anticipatory bail and the same was granted as per Order (P-8) passed on 12-2-2002. Against the order dated 5-2-2002, petitioners have preferred a revision before the Sessions court, revision was pending at the relevant time, which has been subsequently allowed. Order (P-18) has been passed on 20-6-2002. Matter has been remitted back to the Trial Court with a direction that Court should make an enquiry into the position prior to 5-2-2002 the date of taking cognizance in the matter and pass fresh order, meaning thereby the order dated 5-2-2002 is no more operative.