HARISINGH (SARDAR) Vs. STATE

JUDGEMENT

(1.) BY this application under article 226 of the Constitution, the petitioner Sardar Harisingh seeks a direction restraining the Collector, Guna from holding any election of the President of the Municipal Council, Guna, so long as the applicant is filling the office.

(2.) THE matter arises thus: At the time of the coming into force of the Madhya Pradesh Municipalities Act, 1961, (hereinafter referred to as the Act), one Shri Jain was the President, of the Municipal Council, Guna. By virtue of section 2 (2) (ii) of the Act, Shri Jain was entitled to continue in office, and did continue, till the expiry of his term under the Madhya Bharat Municipalities Act, 1954, which was repealed by the Act of 1961. Section 2 (2) (ii) provided that notwithstanding the repeal of the Acts mentioned in sub -section (1) of section 2 and unless the State Government otherwise directs the Committees, Councils, sub -committees and Boards referred to in clause (i) and the Presidents, Vice -Presidents, members and councilors thereof shall continue to function until the expiry of their term under the repealed Act applicable to them before the commencement of this Act and any vacancy occurring in their office before the expiry of their term shall be fined in the manner provided in such repealed Act." After the expiry of Shri Jain's term as President, the Council elected on 15th March 1962, under and in accordance with 43 of the Act, the petitioner as the President of the Council. Thereafter the M.P. Municipalities; Act, 1961, was amended by the Madhya Pradesh Municipalities (Amendment) Act, 1963, (hereinafter called the amending Act). By section 2 of the amending Act, the following clause was substituted for clause (ii) of section 2 (2) of the principal Act -

(3.) THE petitioner contends that the amendment made in section 2 (2) (ii) of the Act has no retrospective effect and cannot be so construed so as to invalidate his election as President under the provisions of the Act of 1961 before the amending Ordinance of the Act; that he still validly continues to be the President of the Council and that, therefore, the opponents have no authority to direct the Council to elect a new President in accordance with the provisions of the M.B. Municipalities Act, 1954, and the rule, made there under.