FAROOKH MOHAMMAD Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Court on 14.08.2015 formulating the following question had referred the matter to Hon'ble the Chief Justice for being decided by a Larger Bench :-

(2.) The Larger Bench by its judgment dated 15.09.2015 while upholding the decision of Awadh Behari Pandey v. State of Madhya Pradesh and Ors., 1968 MPLJ 638, on which this Court had expressed its doubt, inter alia rendered the following findings, which are relevant for disposal of this case. Paragraphs 24, 25 and 26 of Writ Petition No.929/2015 the judgment of the Larger Bench are being reproduced below for ready reference and convenience :-

(3.) Perusal of the abovesaid findings rendered in paragraphs 24, 25 and 26 makes it clear that this Court is now required to decide as to whether the breach of procedural provision contained in Section 56 (3) of the Municipalities Act, 1961 providing in mandatory terms issuance of seven (7) clear days notice for convening the first meeting of the Council immediately after the general elections, would vitiate the subsequent election of Vice President held in the first meeting despite the person alleging breach having participated in the process of election by contesting the said election without any demur.