HARGOVIND TAMRAKAR Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner in this writ petition under Arts.226 and 227 of the Constitution is challenging the order dt.17-2-1984 of the State Government passed under S.328(6)(b) of the M.P. Municipalities Act, 1961 appointing a committee consisting of respondents 5 to 11 to exercise all powers and duties of the Municipal-Council, Hatta of District Damoh, whose term had expired On 31-3-1979.

(2.) The Municipal Council, Hatta originally consisted of 12 elected and 3 co-opted members. Out of elected councillors, six were from the ruling party and the remaining six from the Nagrik Morcha, including the petitioner. Out of the three co-opted members, one was co-opted by each party and regarding the third member there was a toss and a member from the ruling party was co-opted. So the ruling party had a majority of one vote only and respondent No. 5 was elected President of the council.

(3.) The petitioner is a resident of Hatta and has been a councillor in the Municipal Council Hatta, having been elected in the election held in the year 1974. Besides, he is a businessman and active political worker. The term of the Municipal Council, Hatta expired on 31-5-1979. The Collector, Damoh issued a programme for holding fresh election to the Municipal Council, by order dt.31-3-79. The State Government by telegram dt. 14-9-1981 postponed the election to be held in Jan. 1982. Thereafter, the Collector again fixed the election programme but by another telegram dt. 15-12-1981 the same was cancelled. By another telegram dated 21-4-1982, the State Government cancelled the election to be held in June 1982. By wireless message dt. 3-1-1983 the State Government directed that the election to all Municipal Councils should be held on 24-5-1983 after revision of electoral rolls with reference to 1-1-1983. But the election was postponed again on the orders of the State Government. It may be mentioned here that the State Government on the expiry of the term of the Municipal Council on 31-5-1979 appointed administrator to discharge all the powers and duties of the Municipal Council. By the impugned order dt. 17-2-1984 the State Government constituted a committee consisting respondents 5 to 11 to discharge the functions and duties of the Municipal Council in place of the administrator. It may be mentioned that the respondent No. 5 was Ex-President of the Municipal Council whose term expired in 1979 and he has now been appointed President of the new committee. His wife respondent No. 12 was a sitting M. L. A. belonging to the ruling party at the relevant time. All the members who have been made members of the new committee also belong to the ruling party.