SAROJ KATARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of the parties, heard finally.

(2.) In the month of July 2022, general elections of the Councillors / Ward Members were held in the Municipal Council, Rajgarh. The elected Councilors elected the President of the Municipal Council, Rajgarh on 20/8/2024 i.e. respondent No.4 (hereinafter referred to as 'the writ petitioner'). After the expiry of two years from the date of election of the present appellants, who are three in number moved a No-Confidence Motion against the writ petitioner.

(3.) Shri Piyush Mathur, learned Senior Counsel appearing for the appellants submitted that the Writ Court has erred in relying upon the judgment passed in the case of Manju Rai (supra) while holding that the Ordinance of 2024 has retrospective operation and according to him it would apply to all those cases, where No-Confidence Motion has been moved, but the meeting is not convened. It is further submitted by the learned Senior Counsel that the present appellants have moved the No-Confidence Motion against the writ petitioner before the date of issuance of the Ordinance of 2024, such motion is liable to be considered immediately after completion of two years from the date of election against the President or Vice President as the law, prevailing at that relevant point of time would apply. Since the Collector vide order dtd. 24/8/2024 had entertained the motion and appointed the Additional Collector to complete the procedure under the provisions of the Madhya Pradesh Municipalities Act, thereafter, the same authority had issued the notice to all the Councillors to participate in the meeting scheduled on 7/9/2024, therefore, vested right in favour of the appellants cannot be taken away by way of the Ordinance 2024 which has a prospective effect.