DAULAT RAM GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner, elected President of Municipal Council Shivpuri has filed this petition questioning the tenability and validity of the order Annexure P-1 dated 13-9-2002 passed by the State Govt. in exercise of its powers under S. 41A of the Madhya Pradesh Municipalities Act 1961 removing him from office.

(2.) It is the case of the petitioner that he was elected as President of the Council on 27-12-1999, he took charge of the Office on 4-1-2000 and since then had been discharging the duties when by the impugned order he has been removed.

(3.) It is averred by the petitioner that prior to him one Smt. Krishna Gupta was President of the Municipal Council, during her tenure a resolution was passed by the Council for the purpose of laying down roads with asphalt, the Council sanctioned the bid, invited tender's and contract was given for construction of asphalt road on hotmix method. It is averred in the petition that for the said purpose a sum of Rs. 24 lacs was sanctioned vide resolution No. 13 dated 20-1-1998. Under this resolution work was started and work up to the tune of Rs. 11 lacs was completed when certain objections with regard to the aforesaid construction was raised and complaints were made against the then President Smt. Krishna Gupta. Summary enquiry was initiated and by order dated 30-9-1999 Annexure P-2 the State Govt. exercising power under S. 41A of the Municipal Corporation Act 1961 removed Smt. Krishna Gupta from the Office of the President. The said Smt. Krishna Gupta filed an application for review on 10-10-1993 vide Annexure P-3 before the Minister concerned, who passed an order on this application suspending the order of removal. Similar orders were passed on another application Annexure P-4 dated 12-10-1999 submitted by Smt. Krishna Gupta. Minister took up the matter in review and thereafter vide Annexure P-4A orders were passed by the State Govt. cancelling and revoking the removal of Smt. Krishna Gupta and the order of her removal dated 30-9-1999 Annexure P-2 was cancelled. It is also averred in the petition that one M.L.A. Shri Brij Singh had also taken up the matter with the Minister concerned and he had complained that removal of Krishna Gupta is illegal and recommended for her reinstatement. Annexure P-5 is the letter of the M. L. A. in this regard. It is averred in the petition that after hearing Smt. Krishna Gupta and on consideration of the material not only was her removal revoked and cancelled but she was permitted to continue in the office of the President and a sum of Rs.10 lacs was sanctioned by the State Govt. on 11-11-1999 Annexure P-7 for completing the work.