BALBHADRA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner in this case, who was elected as a Councillor of the Municipal council, Rewa, seeks a writ of certiorari for quashing an order made by the State government on 23rd March 1968 rescinding its earlier order dated 4th January 1968 dissolving the Municipal Council.

(2.) ON 5th May 1967 the Government Issued a notice to the Municipal Council, rewa, under Section 328 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act) asking it to show cause why it should not be dissolved on account of its certain acts of commission and omission stated in the charges enumerated in the notice. The Council gave its explanation. After considering the explanation furnished by the Council in reply to the notice, the government passed an order under Section 328 (1) of the Act dissolving the council. The operative portions of that order ran thus:

(3.) IT appears that subsequently the respondent No. 4 Sheikh Habib Monsur, former President of the Municipal Council, and two others moved the State government for a review under Section 332 of the Act of the order dated 4th january 1968 dissolving the Municipal Council. The Government then reviewed the order dated 4th January 1968 rescinding it. The order passed by the State government on review said: