BALKRISHNA DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE petitioners, two in number, have approached this Court calling in question the Notification dated 15.5.2014, issued by the M.P. State Election Commission for holding of election on the post of Sarpanch of the Nagar Panchayat Mauganj, District Rewa. It is the contention that such an act of the respondents is in violation of the proviso to Section 37 of the M.P. Municipalities Act, 1961 (hereinafter referred to as the Act for brevity).

(3.) THE State Election Commission was informed about the vacancy and vide Notification dated 15.5.2014, election on the post of President of the Nagar Panchayat is notified. It is the contention that the term of the Nagar Panchayat would be completed in the month of November 2014 and regular elections are to be held before completion of terms of the said Nagar Panchayat in terms of provisions of Section 36 of the Act, therefore, there was no question of holding the bi -election for election of President in the Nagar Panchayat. Thus, the Notification itself is bad in law. It is contended that in terms of the provisions of Section 37 proviso itself, such a Notification is bad in law.