DIGVIJAYSINGH BHANDARI Vs. MALINI GAUD AND OTHERS

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner Divijaysingh Bhandari has challenged the fact whether respondent No.1 Smt. Malini Gaud can continue on the post of Mayor of Indore since it is per se illegal and unconstitutional.

(2.) Briefly put under Section 9(1)(d) of Madhya Pradesh Municipal Corporation Act, 1956 (hereinafter called as "The Act"), she also becomes a Councillor of the Municipal Corporation of Indore by virtue of being a Member of the Legislative Assembly of the State and peculiarly Smt. Gaud was elected Mayor of the City of Indore and took oath on 19.02.2015 administered by Shri Shivraj Singh Chouhan, the Hon'ble Chief Minister of Madhya Pradesh.

(3.) Counsel for the petitioner has vehemently urged the fact that per se the continuation of Mayor on her post was de-hors the provisions of the M.P. Municipal Corporation Act, 1956 as well as the Constitution of India. Referring to Article 243-R of the Constitution of India which mandates thus:-