MUKUTDHARI SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) TWO principal questions arise for decision in this petition under Article 226 of the Constitution: (1) Whether the President of a Municipal Council constituted under the Madhya Pradesh Municipalities Act, 1961, continues in office after the council stands dissolved by efflux of tune; and (2) whether the Government is bound to hold elections within a reasonable time from the date of dissolution of a Council.

(2.) THE facts giving rise to this petition are that elections to the Municipal council, Umaria, were held in May 1969. The petitioner, Mukutdhari Sharma, equivalent Citation: was elected as President to the Council on 22nd May 1969. The term of the president expired after two years on 21st May 1971; but as no election to fill up the vacancy was held, the petitioner continued as President. Four years, which is the normal term of a Council, expired on 21st May 1973. By a notification published in the Gazette dated 19th Sept. 1973, the term of the Council was extended from 21st May 1973 to 22nd Sept. 1973. The Council stood dissolved on 23rd Sept. 1973. By another notification dated 22nd Sept. 1973, the State government passed an order under Section 328 (6) of the Act appointing the tahsildar as Administrator to exercise all powers and duties of the Council under the Act until the re constitution of the Council. Even after the dissolution of the Council and appointment of the Tahsildar as Administrator of the Council, the petitioner claimed that he did not vacate his office as President. The petitioner filed the present petition praying for a declaration that he continues to be President and that he will continue to hold the office until a new President is elected to take charge of the office in accordance with the provisions of the act. The petitioner also prays for issuance of a writ in the nature of Mandamus directing the State Government to hold elections for reconstitution of the council.

(3.) TO appreciate the questions raised in this petition, it is necessary first to refer to certain provisions of the Act, Section 3 (18) of the Act defines "municipality" to mean