DILIP KUMAR GHOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) ALTER the constitution of the Municipal Council Pasan, district Shahdol, in the year 1991, on 6.2.1991, 13 persons including the petitioner were elected as Councillors. Out of the Councillors on election, one Tirathsingh was elected as President and the Petitioner, as Vice -President. As the office of the President fell vacant, the petitioner was discharging the duties and functions of the President. On expiry of the term of 4 years, that is, after 6.2.1995 Administrator was appointed as a consequence of which the petitioner and other Councillors were removed from their Office, which has been challenged in this petition under article 226 and 227 of the Constitution of India.

(2.) LEARNED counsel for the petitioner contended that in view of the amendment by Constitution (Seventy Fourth Amendment) Act, 1992, in the Constitution, Part IXA has been inserted of which article 243 U provides the term of the office as five years. Accordingly section 36 of the Madhya Pradesh Municipalities Act, 1961 (for short 'the Act') was amended on 30.5.1994 whereby the duration of the Municipality, unless it is dissolved, has been substituted from 4 years to 5 years. Therefore, the removal of the petitioner and Councillors prior to expiry of five years is illegal.

(3.) AFTER insertion of Part IX A in the Constitution by Constitution (Seventy Fourth Amendment) Act, 1992, which deals with the Municipalities, Articles 243 (U) lays down the duration of office of Municipalities as five years from the date of its first meeting. Hence in view of article 243 (U), section 36 of the Act was substituted by M. P. Act No. 17 of 1994 from 30.5.1994, which reads thus: