LAWS(MPH)-1984-11-8

KRISHNA PRAKASH SHARMA Vs. COLLECTOR DIST RAJGARH

Decided On November 29, 1984
KRISHNA PRAKASH SHARMA Appellant
V/S
COLLECTOR, DIST.RAJGARH Respondents

JUDGEMENT

(1.) The petitioner, who is an Advocate and a Member of the Municipal Council, Rajgarh, has filed this petition under Art.226 of the Constitution in the matter of S.46 of the M. P. Municipalities Act to issue a writ calling upon respondent No. 4 Shri Jamal Ahmad Khan, Advocate and President of the Municipal Council Rajgarh, how he is continuing in office of the President of the Municipal Council, Rajgarh after having tendered his resignation as President of the Municipal Council and the same having also been accepted. He has also prayed that the direction given by respondent Collector, District Rajgarh and the Circular issued by respondent, Chief Municipal Officer, Rajgarh recognising respondent No. 4 as President, be also quashed (Annexure-C).

(2.) The short facts, giving rise to this appeal, may be stated, in brief, thus : The petitioner as also respondents 4 and 5, who are all advocates, are the members of Municipal Council Rajgarh. Respondent 4 Shri Jamil Ahmed Khan was elected as the President and respondent 5 Shri Daulatram Varma was elected as the Senior Vice-President of the Municipal Council Rajgarh. Respondents Nos. 4 and 5 also belong to Congress (I) Party.

(3.) On 28-10-83 respondent 4 resigned from the post of President, Municipal Council, by writing a letter of resignation addressed to respondent No. 5 Vice-President of the Municipal Council (Annexure-A). The said letter of resignation was accepted by respondent 5 who directed the Chief Municipal Officer to take further necessary action in the matter. Respondent No. 3, thereupon intimated the fact of the tender of the resignation, of acceptance of resignation to all the Councillors and other concerned parties. Copy of the Circular letter dt. 31-10-83 is Annexure-B.