GIRJA SHANKAR SHUKLA Vs. SUB-DIVISIONAL OFFICER HARDA

JUDGEMENT

(1.) THIS whole case has been referred to this Full Bench for decision in view of the fact that on the main question for decision heroin, there appears to be a conflict between two Division Bench decisions of this Court. The correctness of the construction made of the expression 'current charge of the duties of a post' by a division Bench of this Court in Rampratap v. State of M. P. , 1964 MPLJ 86 = (AIR 1964 Madh Pra 114) was doubled by another Division Bench in State of M. P. v. Gokul Prasad, 1971 MPLJ 609 = (1971 Lab IC 896 ). Hence this reference.

(2.) THE petitioner, as a voter, has challenged the election of respondent No. 2 as president and of respondents Nos. 3 and 4 as Vice-Presidents of the Municipal council, Itarsi, at a meeting held for the purpose on 10-7-1971. This council was constituted after the general elections in April 1969 and the impugned elections were for these offices after expiry of the terms of their first incumbents. The notice (Annexure 'g') convening the meeting held on 10-7-1971 was issued by Shri anand Mohan, Collector of the district. However, Shri Anand Mohan having proceeded on leave Was absent on 10-7-1971 and the meeting was presided over by Shri Arun Kumar Kshetrapal, Sub-Divisional Officer, Harda, who was also placed in current charge of the duties of Collector during that period by an order of the State Government.

(3.) THE respondent No. 2 is a lawyer and was engaged by the Municipal Council to appear on its behalf as a counsel in some class of cases. However, prior to his contesting the election he had intimated the council on 8-7-1971 that he would thereafter not appear as a counsel for the Municipal Council.