LAWS(MPH)-2007-9-4

MANGILAL Vs. STATE OF MP

Decided On September 19, 2007
MANGILAL Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) THE petitioner is elected President of Gram Panchayat, Pipalravan, District Dewas. He has challenged the order dated September 20, 2006 passed by the Collector, Dewas -respondent No. 3, whereby an application filed by the 3/4th of the elected Councillors for recall of the petitioner, as President, has been forwarded to the State Government under Section 47(2) of the M.P. Municipalities Act, 1961 (hereinafter referred to as 'Act') for taking further appropriate action.

(2.) THE facts as depicted in the petition show that the petitioner was directly elected as President of Nagar Panchayat, Pipalravan, in an election held on June 16,2004. The said election was notified on June 24, 2004. According to the petitioner, first meeting of the Municipal Council was held on July 15, 2004 in terms of Section 55 of the Act.

(3.) IT is in these circumstances, that the petitioner is before this Court making a grievance that the initiation of the process for recall of the petitioner was wholly contrary to the mandatory provisions of the Act and even the order passed by the Collector was not in accordance with law and therefore, the entire process was liable to be set aside.