ANUBHA MUNJARE Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Substantiality and legal acceptability of the order dated 27 -7 -2007 passed by the learned Single Judge in W.P. No. 9663/2003 is called in question in this appeal preferred under Section 2(1) of the M.P. Uchch Nayalaya (Nyay Khandpeeth Ko Appeal) Adhiniyam, 2001 [for brevity 'the Act'].

(2.) The facts which are imperative to be adumbrated are that the appellant had contested in the election of the President, Municipal Council, Balaghat as an independent candidate in the election held in November, 2004. The election was a direct one. As pleaded, he had defeated the rival candidate by large margin of votes. The Municipal Council, Balaghat consists of 33 councilors. Various asseverations have been made about the political rivalry and how adroit endeavours have been made to dislodge her from the post. It is put forth that she has been functioning in the President, Municipal Council, Balaghat from January, 2005 and while holding the said post she had done extensive work for improvement of civil amenities of the Municipality. Reference has been made to Section 41 -A of the M.P. Municipalities Act, 1961 [hereinafter referred to as 'the Act'] to highlight that an elected President can either be removed under Section 41A of the Act or recalled under Section 47 of the Act. It is contended that Section 41A empowers the State Government to remove a President or a Vice -President on certain conditions precedent being satisfied. In the case at hand we are not required to dwell upon the said facet. We, as the factual matrix commands, are required to deal with the basic conception and the ultimate conceptual eventuality as engrafted under Section 47 of the Act.

(3.) The further expose' of facts are that 3/4th of the councillors of the Municipal Council filed affidavits before the Collector, Balaghat moving a no confidence motion against the petitioner as a result of which the Collector took a decisions to send the proposal to the Government for taking appropriate decisions as contemplated under Section 47(2) of the Act. The State Government as envisaged under Sub -section (2) of Section 47 of the Act made reference to the State Election Commission which under Sub -section (3) arranged a voting on the proposal of recall.