RAKESH JHALANI Vs. COMMISSIONER NAGAR NIGAM

JUDGEMENT

(1.) THE petitioner seeks quashing of resolution dated 5-6-1995, whereby no confidence motion removing him from the office of the Chairman of Public Works Committee (hereinafter referred to as the committee) of Ratlam Municipal Corporation has been passed.

(2.) FACTS of the case lay in a narrow compass. According to the petitioner, he was elected as a councillor of Ratlam Municipal Corporation (hereinafter referred to as the Corporation) and was also elected as a member of the Committee as also the Chairman of the said committee. By the impugned resolution dated 3-6-1995 he has been removed from the office of the chairman of the committee. The petitioner submits that under the scheme of the Act, there is no provision for passing any no confidence motion against a chairman of the Committee.

(3.) SHRI Bagdi learned counsel for the petitioner submits that filling of the post of a Chairman of the Committee being governed by the provisions of M. P. Municipal Corporation Act, 1956 (hereinafter referred to as the Act) and no provision having been made for passing a no confidence motion against the Chairman of the Committee, the impugned motion removing the petitioner from the office of the Chairman is clearly illegal and completely without jurisdiction.