VINITA JAISAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution impugns the order dated 16.08.2011 (Annexure P/4) whereby the State Government in exercise of power under section 35(A) of the M.P. Municipalities Act, 1961 ('the Act') has disqualified the petitioner to participate in the election for a period of one year.

(2.) Learned counsel for the petitioner fairly submits that this order has much of its shine because period of one year during which petitioner was held to be disqualified/ ineligible, is over. He contended that since order cast stigma , petitioner is pursuing this petition.

(3.) Shri Praveen Pandey, learned counsel for the petitioner on more than one occasion submitted that impugned order is passed without issuing the charge sheet and without informing the petitioner about nature of allegations. He submitted that sufficient opportunity has not been provided by the respondents to the petitioner. By taking this court to various documents filed with the petition, it is contended that the documents show that there is no illegality or procedural impropriety on the part of the petitioner.