SRIKRISHNA RAJORIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner dr. Srikrishna Rajoria, a medical practitioner residing in the town of Harsud and a voter and tax-payer of Harsud Notified Area, seeks a writ of certiorarj to quash the State Government Notification No. 590-XVIII-II-77, dated Bhopal the 30th Sept. 1977 (Annexure-C) by which the State Government has constituted a Notified Area Committee consisting of nominated members only, in exercise of the powers conferred by the Second Proviso to Clause (d) of Sub-section (1) of Section 341 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961 ).

(2.) IN the year 1971, the State Government, by a notification issued under section 340 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as 'the Act') declared as 'notified Area,' the area which earlier existed as a Gram Panchayat at Harsud. At the same time, the State government, by another notification dated 3rd Nov. 1971 constituted a Notified area Committee consisting only of nominated members in exercise of the powers conferred by the Second Proviso to Clause (d) of Sub-section (1) of section 341 of the Act. That notification was challenged in this Court by a similar writ petition which was Idan Dass v. State of M. P. , MP No. 905 of 1973 decided on 1-5-1974. The challenge in that petition was on the ground that the impugned notification did not state any reasons for constituting the committee of nominated members only, on account of which it was invalid. The Division bench dismissed that writ petition taking the view that the State Government had shown from the material contained in the office file that reasons for such an action were contained in the file. Some of these reasons were also stated by the Division Bench in Para 4 of its order which were, inter alia, that some interim arrangement had to be made till holding of elections was feasible and that the action was taken on the basis of the report of the Collector sent in this behalf. Taking the view that the requisite reasons existed when the impugned notification was issued and that the reasons were stated in writing in the office file perused by the Division Bench, that notification was found not to be defective. It wag also stated by the Division Bench that inordinate unexplained delay in filing that petition was a further ground to refuse relief to the petitioner. The Division Bench, at the end of its order also observed as follows: "we may, however, observe that the nominated body, which is not the normal rule, has continued for almost 21/2 years, a very long time for an emergency to continue; and the Government, we hope, shall examine the expediency of its further continuance in preference to an elected body. "

(3.) NOTWITHSTANDING the above facts, the Harsud Notified Area has continued to have till now only a committee consisting of all nominated members and the first election has yet to be held. The State Government, by the next notification no. 819-XVIII-II-75, dated Bhopal the 22nd Nov. 1975 (Annexure-A)constituted a fresh committee, once again consisting only of nominated members, in exercise of the power conferred by the Second Proviso to Clause (d) of Sub-section (1) of Section 341 of the Act. This committee continued till it was replaced by a committee of single person, viz. , the Tahsildar of tahsil harsud, district Khandwa, in exercise of the power conferred by Section 341 (1) (d) by the notification dated 8-9-1977 (Annexure-B ). This arrangement was for a very short period and then the impugned notification No. 590-XVIII-II-77 dated 30-9-1977 (Annexure-C) was issued by the State Government, once again constituting a committee only of nominated members in exercise of the power conferred by the Second Proviso to Clause (d) of Sub-section (1) of section 341 of the Act. It is this notification which has been challenged by this petition filed on 23-11-1977.