ANIL KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) HEARD learned Senior Counsel for the petitioner on the question of admission. 1. The petitioner contested and succeeded in the election held in the year 2005 for the post of President Municipal Council Deori District Sagar. On 6-3-2007 out of total 15 Councillors 13 Councillors of the said Municipal council submitted a proposal before the Collector, Sagar for recalling of the petitioner from his office as President of the Municipal Council. The Collector alter satisfying himself and verifying that the three-fourth of the Councillors of the Municipal Council have signed the proposal of recall of the petitioner sent the said proposal on 8/9-8-2007 to the State Govt, for further action.

(2.) THEREAFTER, before the third respondent State Election commission could declare the election, two Councillors out of the said 13 ( councillors submitted another affidavits before the Collector on 30-8-2007 and 31 -8-2007 respectively stating therein that the earlier affidavits seeking recall of the petitioner were submitted under political pressure and compulsion and as such the same be treated incorrect and be treated as cancelled. Thereafter, again on 1-9-2007 the said two Councillors submitted third affidavits contradicting the affidavits sworn by them on 30-8-2007 and 31-8-2007. In view of the submission of the three different affidavits taking different stand show-cause notices were issued to them by the Collector, and it is stated by the petitioner that the (Collector has passed orders removing the said two Councillors from their post.

(3.) THE case of the petitioner is that after submitting the proposal of recall out of 13 Councillors 2 Councillors having sworn affidavit stating therein that no action be taken on their earlier proposal and affidavit in regard to recalling of the petitioner, the impugned proposal dated 8/9-8-2007 (Annexure p-1) sent by the Collector to the State Govt, became totally inconsequential and could not have been acted upon either by the Collector, or by the State Govt, for making reference to the State Election Commission to arrange for voting on the said proposal. The petitioner accordingly, prayed that the proposal Annexure p-1 sent by the Collector, Sagar, to the State Govt, be quashed and the election programme (Annexure P-11) issued by the State Election Commission be also quashed.