MUNICIPAL COMMITTEE, KARELI Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is against an order of Bhutt J. in Miscellaneous Petition No. 552 of 1956, decided on 21st February 1957. It was referred to this Full Bench, but at the suggestion of counsel and with the concurrence of the learned Judges who made the reference the decision of the Full Bench has been confined only to the examination of the decision in Miscellaneous Petition No. 80 of 1950, decided on 10th August 1951.

(2.) THE Municipal Committee, Kareli was superseded by an order of the State Government. Certain charges were framed and explanation of the Municipal Committee was called for. The State Government after calling for a report from the Deputy Commissioner decided to supersede the Municipal Committee and passed an order to that effect. The question in the miscellaneous petition was whether the action of the State Government in superseding the Municipal Committee was correct. The learned single Judge, who dealt with the miscellaneous petition, following the decision of a Division Bench in the above case (Miscellaneous Petition No. 80 of 1950), held that it was not open to this Court to question the decision of the State Government. The correctness of the Division Bench ruling, at least in one particular, was doubted by the Division Bench who made the reference. It is that point only to which we shall address ourselves.

(3.) UNDER Sub -section (2) of Section 57 of the Central Provinces and Berar Municipalities Act, 1922 it is provided as follows: