GOVERDHANLAL Vs. STATE OF M P

JUDGEMENT

(1.) By this application under article 226 of the Constitution, the petitioner Goverdhanlal seeks a direction to the respondents, the Collector, Ujjain, and the Sub -divisional Officer, Khachrod, to declare him as having been selected as a Councillor at the meeting of the elected Councillors held on 29th June 1965, and presided over by the Sub -divisional Officer, Khachrod.

(2.) UNDER section 19 of the Madhya Pradesh Municipalities Act, 1961, (hereinafter called the Act), each Council is required to select Councillors, in number not exceeding one fourth of the total elected Councillors, of whom at least one must be a woman. The selection is by single transferable vote by the elected members of the Council and has to be in conformity with the rules made by the Government under section 19 (2) of the Act. Part IV of the Madhya Pradesh Municipalities (Preparation, Revision and Publication of Electoral Rolls, Election and Selection of Councillors) Rules, 1962, (hereinafter called the Rules), contain rules about the selection of Councillors. According to those Rules, selection has to be made at a meeting of the Councillors convened by the Chief Municipal Officer with the prior approval of the Collector within one month of every general election, and an officer appointed by the Collector is the Chairman of the meeting. Rule 51 (1) of the Rules lays down that -

(3.) JH jQh ,gen dks 500 er feys tks fu/kkZfjr dksVs ls vf/kd gksus ls pquk gqvk (selected) ?kksf kr fd;k x;k buds (surplus) er 99 (2nd preference) Jh xksfoUn dks gksus ls (add) fd;s x;s blds ckn es dksbZ (surplus transfer) gksus ds u jgus ls rFkk lHkh er i= (excess) gksus ls nwljs mEehnokj dks (select) ugh fd;k tk ldrkA