MOHAMMAD ALI KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall also dispose of Misc. Petn. No. 866 of 1983.

(2.) BY notification dated 16th March, 1983 published in the Gazette, the State Government appointed Shri S.V. Ayer, Assistant Collector, Raipur, as the Administrator of the Municipal Corporation, Raipur, under Section 423 of the Madhya Pradesh Municipal Corporation Act, 1956. This order was issued on the assumption that the Corporation stood dissolved on 15th March, 1983 by expiration of its term. By these petitions under Article 226 of the Constitution, the petitioners challenge the said action of the State Government and they contend that the term of the Corporation has not yet expired.

(3.) SECTION 5 of the Act contains definitions. Section 5 (13) defines the "Corporation' to mean the Municipal Corporation of the city; and Sec.5 (14) defines "Councillors" to mean any person who is legally a member of the Corporation. The Corporation consists of elected and selected Councillors as provided in Sec.9 of the Act. Elected Councillors are those who are elected from wards. Selected Councillors are those who are selected by the elected Councillors by single transferable vote from amongst persons enrolled as voters. The term of office of the Councillors is provided for in S.20, which reads as follows :