RAMABAI Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution the question raised is as regards the validity of the election of the respondents Ramniklal Trivedi, Vasantrao kelkar and Kodumal as the President and two Vice-Presidents respectively of the balaghat Municipal Council. The petitioners, one of whom was elected to the council at the General Election and the other was selected as a councillor under section 19 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act), pray for the issue of a writ of certiorari for quashing the proceedings of the meeting at which the three respondents were elected as the President and the Vice-Presidents, and a writ in the nature of quo warranto against them for ousting them from the office they hold.

(2.) BY Section 3 (8) of the Act a council has been defined as meaning "municipal council constituted by or under the Act". The preceding clause of Section 3 (8) says that "councillor" means a person who is legally a member of a Council. Section 19 (1) of the Act lays down that except as otherwise provided in the Act each Council shall consist of (a) elected Councillors and (b) selected Councillors. The selection of the prescribed number of Councillors has to be done at a meeting of the elected councillors convened after the General Election as laid down in Section 55 (1) of the Act which requires that within one month of every General Election a meeting of the elected Councillors for the purpose of selecting Councillors under Section 19 shall be called by the Chief Municipal Officer with the prior approval of the authority prescribed under Section 32. Section 43 deals with the election of the president and two Vice-Presidents. Subsections (1) and (2) (a) of Section 43 run as follows:

(3.) SECTION 55 (2) lays down that the Collector, in the case of Class I and Class II municipalities and the Sub-Divisional Officer, in the case of Class III and Class IV municipalities," shall call the first meeting of the Council soon after the election and selection-of Councillors, to elect the President and Vice-Presidents. Section 45, which is very material here, is in the following terms: