SANGEETA BANSAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition take exception to the order dated 09.09.2014 passed by the respondent No. 2 as also the final order dated 25.09.2014 passed by the respondent No. 1 accepting the proposal made for recall of the petitioner as President of the Municipal Council, Harda. Undisputedly the petitioner was elected as President of the said Municipal Council and such election was notified in the year 2011. The Municipal Council, Harda consists of 30 wards and 30 members have been elected as Councillors. Such notification of election was issued on 9th November, 2011 in the M.P. Gazette (Extraordinary).

(2.) It is the contention of the petitioner that in terms of Section 47 of the Madhya Pradesh Municipalities Act, 1961 (herein after referred to as 'Act'), a proposal was made by 23 Councillors before the Collector for recall of the petitioner. The fact stated in the said application/proposal was that the manner of working of the petitioner was not in the interest of the Municipal Council and, therefore, such proposal was made. It is contended by the petitioner that in fact the strength of 23 elected Councillors was short of three-fourth elected Councillors of the Municipal Council and, therefore, the proposal was liable to be rejected. When the petitioner came to know about this fact that such proposal was made, she immediately made an objection on 08.09.2014 but the objection was not looked into. No document was made available to the petitioner even when a demand was made and matter was referred to the State Government. Without there being any justified reason or complete satisfaction of the authorities, the matter was referred to the State Election Commission to take action under Section 47(3) of the Act. That being so, the order passed in that respect was liable to be quashed. Hence this petition has been filed by the petitioner.

(3.) The writ petition was entertained and interim stay was granted to the petitioner to the effect that the Election Commission may take all steps and process for recall but the notification of the date of election shall not be issued till the next date of hearing.