KAPTAN SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE Office of President of Municipal Council, Bhind had fallen vacant on account of a motion of no confidence was passed against the President. After the vacancy took place, the Collector, District Bhind ordered Sub-Divisional Officer, Bhind to preside over the meeting to elect the President of the Municipal Council. The election in pursuance of this notification was fixed for 4-5-1996. A petition was filed before this Court and on 23-5-1996 declaration of the result of the election was stayed.

(2.) THE contention of the learned counsel for the petitioner is that the order, Annexure P/1, is without jurisdiction and the Collector had no power to appoint Sub-Divisional Officer to preside over the meeting. The contention of the learned counsel for the petitioner is that immediately after election the Collector or Sub-Divisional Officer can preside over the meeting for the election of President or Vice-President under Section 55 (2) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act' ). The contention of the learned counsel for the petitioner is that the meeting can be held under Section 43 (4) of the Act and shall be presided over by the Vice-President and convened by the Chief Municipal Officer with the approval of Vice-President as provided under Section 56 of the Act. He submitted that the Collector had no jurisdiction to appoint Sub-Divisional Officer to preside over the meeting. The meeting presided over by the Sub-Divisional Officer is contrary to law and the election so held by Sub-Divisional Officer as Presiding Officer for the post of President of Municipal Council, Bhind is invalid and contrary to law and, as such, the election is void.

(3.) LEARNED counsel for the respondents submitted that the Rules for the election of President and Vice-President, called as Madhya Pradesh Municipalities (President and Vice-President) Election Rules, 1962 (hereinafter referred to as the 'rules of 1962') are very clear, under which the Collector had the power to appoint Presiding Officer for the meeting for election.