BADRI PRASAD CHIKWA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the order of the State Government dated 19-2-96, which is Annexure-P-1 to the petition, the petitioners Badri Prasad Chikwa and Smt. Satanhai have approached this Court under Article 226 of the Constitution, seeking relief for issuance of a writ in the nature of certiorari, quashing the order dated 19-2-96 and for direction in the nature of mandamus, to the respondents for permitting the petitioners being continued as councillors of the Nagar Panchayat, Amarpatan, District Satna, Madhya Pradesh.

(2.) Since in the petition, the return has been filed and this Court on 3-3-97 passed an order for final disposal this petition is being finally disposed of with the consent of the learned counsel for the parties.

(3.) Both the petitioners i.e. Badri Prasad Chikwa and Smt. Satanhai were the members of Nagar Panchayat Amarpatan and in a special meeting convened for their removal, a resolution was passed for their removal on 16-9-95 and the same was sent to the State Government, whereupon the State Government passed the impugned order, in exercise of its power under Section 41 (1)(b) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act).