SATYARATH PRAKASH AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) THE present appeal has been preferred under Section 2 (1) of m. P. Uchha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 against the judgment dtd. 12/12/2006 passed by the learned Single Judge in W. P. No. 5319/ 2004. The present appellant filed a petition praying for a writ of Quo-warranto against the respondent no. 3, who was elected on the office of Mayor of the municipal Corporation, Bhopal, on the ground that the respondent no. 3 is disqualified to hold the post of Mayor, therefore, respondent no. 3 be asked to vacate the office of the Mayor.

(2.) THE present appellant is a voter of Ward No. 39 Chandbad Ward, Municipal corporation, Bhopal. The respondent no. 3 earlier was elected as a Councillor of municipal Corporation, Bhopal and thereafter was elected as the Chairman of the municipal Council, Bhopal. While the respondent no. 3 was holding the office of chairman, the State Govt. issued a show cause notice to him u/s 19-B of the M. P. Municipal Corporation Act, 1956 (for brevity "act" ). The respondent no. 3 filed his reply to the said show cause notice and thereafter the State Govt. passed an order on 17th March 2004 (Annexure-P-3) removing him from the office.

(3.) THE respondent no. 3 filed a petition before this Court challenging the legality and validity of the said order by which the respondent no. 3 was removed from the office of Mayor. The said petition was registered as W. P. No. 1320/2004. The aforesaid petition after the election of the respondent no. 3 on the post of Mayor was withdrawn on 11/01/2005. Subsequently a review application was filed by the respondent no. 3 which was registered as MCC No. 54/2000 and this Court by an order dtd 21/04/2005 recalled the order of withdrawal of the said petition and the petition was restored to its original status, which is still pending. During the pendency of the said petition the present appellant filed a petition before this court seeking a writ of Quo-warranto.