HARGOVIND SINGH Vs. VISHNU BHAGWAT

JUDGEMENT

(1.) THIS is an application for the issue for a writ of quo warranto.

(2.) THE petitioner has stated that on 28th October 1956, the Madhya Bharat municipal Corporation Act (Act No. 23 of 1956) came into force, whereby the municipality of Gwalior acquired the status of the Gwalior Corporation on 29-10 1956. According to section 444 of the Municipal Corporation Act, the Mayor and the Deputy Mayor were elected. In this petition the election of the Mayor is challenged on the ground that the election was not properly conducted and in consequence the elected Mayor is the usurper of the office.

(3.) MR. Inamdar, learned counsel for the opponent No. 1 had raised a preliminary objection to the effect that according to Clause 2 Section 443 of the Corporation act, the councillors of the Corporation were to continue in office until the expiry of one year from the date of the constitution of the Corporation. It is submitted that according to para 2 of the petition, the Corporation came into being on the 29th october, 1956, and that since the Councillors have ceased to exist because of the expiry of one year, it will not be proper to issue a Writ of quo warranto It is also urged that the Government of Madhya Pradesh has lately issued a notification dated 26-10-1957 (a certified copy of which has been shown to me and is placed on the record) whereby the Government has appointed the Collector of Gawlior as the Administrator of the Gawlior Municipal Corporation from 30th October, 1957, and that in the circumstances, the issue of a writ will serve no useful purpose.