MADAN LAL NARVARIYA Vs. SATYA PRAKASHI PARSEDIA

JUDGEMENT

(1.) THIS judgment shall govern the disposal of both the aforesaid writ appeals as they arise out of common order dated 25-01-2008 passed by the Single Bench of this Court in Writ Petition No. 5293/07 [2008 (3) M. P. H. T. 264] whereby the learned Writ Court has allowed the writ petition filed by petitioner Shrimati satya Prakashi Parsedia (respondent No. 1 herein) and quash the order of recall.

(2.) BRIEF facts of the case are that respondent No. 1 writ petitioner shrimati Satya Prakashi Parsedia was elected as President of Municipal Council, dabra, District Gwalior. She was declared elected as the President in the elections held on 20-11-2004. In the Municipal Council, Dabra there are as many as 24 councilors. Out of said 24 Councilors, it is alleged that 20 Councilors moved an application for recall on 3-11-2007 under Section 47 of the Madhya Pradesh municipalities Act, 1961 (hereinafter, referred to as 'act' ). Said proposal was accepted by the Collector and was forwarded to the State Government. The State government referred the matter to the State Election Commission and the State election Commission on the reference made by the State Government started taking steps for elections on the proposal of recall of the writ petitioner.

(3.) WRIT petitioner Shrimati Satya Prakashi Parsedia filed the writ petition inter alia alleging that the procedure prescribed by sub-section (2) of section 47 of the Act was not followed, hence, the entire action of the Collector and the State Government for recall is illegal and without jurisdiction.