SAYEBLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS order will also govern the disposal of Miscellaneous petitions Nos. 48, 49, 50, 51 and 53, all of 1971. These petitions involve the same question, and, therefore, they are disposed of by this common order.

(2.) THE short question that arises in these petitions is, whether on or before 20th September 1965 any election proceedings in connection with general elections were in progress for the election of Councillors to the Municipal council, Jaora, within the meaning of section 5 of the Madhya Pradesh Sthaniya Pradhikaran (Nirvachan Sthagan) Adhiniyam, 1966, and consequently all such proceedings lapsed, including the directions issued by the High Court in Miscellaneous petitions Nos. 57, 58, 60 and 61, all of 1964, No. 59 of 1964, nos. 12, 13, 18, 19, 20, 21, 23, 24, 25 and 29 all of 1965, Nos. 26 and 28, both of 1965 and No. 22 of 1965, in relation thereto. If is, whether the impugned order No. 5861 /634-XVIII-Urban/1 dated the 18th June 1969 of the State government was ultra vires the State Government, and consequently order no. 14056/np dated the 1st July 1969 passed by the Collector and the orders dated the 15th July 1969 and 8th January 1971 of the Supervising Officer, were wholly illegal, void and inoperative.

(3.) SECTION 5 of the Madhya Pradesh Sthaniya Pradhikaran (Nirvachan sthagan) Adhiniyam, 1963, reads as follows: