K.G. ANSARI Vs. COLLECTOR, BILASPUR

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution, the petitioner questions the validity of an order made by the Collector of Bilaspur on 1st April 1963, under section 38 (1) (b) of the Madhya Pradesh Municipalities Act, 1961, (hereinafter referred to as the Act) declaring that the petitioner has ceased to be councillor of the Municipal Committee, Bilaspur as he absented himself during three consecutive months from the meetings of the Committee without obtaining its leave. The order of the Collector was upheld by the Commissioner, Bilaspur Division in an, appeal preferred by the applicant. The prayer of the petitioner is that the orders of the Commissioner and the Collector be quashed by the issue of a writ of certiorari.

(2.) THE material facts are that the petitioner was elected in 1959 as a member of the Municipal Committee, Bilaspur, under the provisions of the Central Provinces and Berar Municipalities Act, 1922, (hereinafter referred to as the repealed Act) for a term of five years as provided by section 16 (2) of that Act. On the coning into force of the M.P. Municipalities Act, 1961, the C.P. and Berar Municipalities Act, 1922, was repeal. The repealed is subject to the "savings" stated in section 2 of the Act. Clause (ii) of sub -section (2) of section 2 is as follows:

(3.) FOR these reasons, this petition is allowed and the orders of the Collector, Bilaspur, and the Commissioner, Bilaspur, dated 1st April 1963 and 4th May 1963 respectively, are quashed. The petitioner shall have costs of this application. Counsel's fee is fixed at Rs. 100. The outstanding amount of security deposit shall be refunded to the petitioner.