MAHESH ARYA Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this writ petition though the relief has been couched in a different manner because of the non -availability of the documents to the petitioner, the basic grievance can be compartmentalized into two, namely that the Chief Municipal Officer has constituted a committee in violation of section 72 of the Municipalities Act, 1961 (for brevity 'the Act') and that the persons who had lodged the complaint have been made the members of the aforesaid Committee.

(2.) IT is averred in the writ petition that there was some discrepancy with regard to issue of ration card and for that certain complaints were made before the Chief Municipal Officer.

(3.) ON a perusal of the aforesaid provision, I am of the considered opinion the same does not really come into play inasmuch as the Chief Municipal Officer has authority to take appropriate action, if any illegality is found. It is not disputed by Mr. Ahluwalia that he could have done in his individual capacity. In this regard, it is apposite to refer to section 50(2) of the Act. The said provision is reproduced hereunder: