STATE OF M P Vs. MAHENDRA KUMAR SARAF

JUDGEMENT

(1.) BEING aggrieved by the order dated 11-2-2003 passed in Writ Petition No. 1491/2002, appellant has filed this Letters Patent Appeal under Clause 10 of the Letters Patent.

(2.) A brief resume of the facts required to be stated for disposal of this appeal is thus :-

(3.) RESPONDENT No. 1 Mahendra Kumar Saraf is the President of Municipal Council, Shahdol having been elected on 28-12-1999. First meeting of the Municipal Council was held on 11-1-2000. Out of the 30 elected Councillors, 26 moved a proposal of recall of President under Section 47 of the Municipalities Act (hereinafter referred to as 'the Act' ). This proposal was presented before the Collector on 9-1-2002 by one of the Councillors, Rakesh Katare. The proposal was forwarded by the Collector to the State Government on the same day.