HEMLATA PATHAK Vs. STATE OF M.P.

JUDGEMENT

(1.) THE two petitioners in this petition under Article 226 of the Constitution of India claim a direction against the respondents representing the authority of the State through its Local Self Government and the Commissioner and Mayor of the Municipal Corporation, Jabalpur that they be allowed to complete their term of office as Chairman of the respective departmental committees in the Municipal Corporation Jabalpur.

(2.) ADMITTEDLY , the petitioners were elected as Chairmen of two separate departmental committees in the Corporation under Section 46 of M.P. Municipal Corporation Act, 1956 as it stood then before its repeal and substitution by M.P. Nagarpalika Vidhi (Sanshodhan) Adhiniyam, 1998.

(3.) FOR understanding the nature of the grievance raised by the petitioners, it is necessary to briefly examine the legislative changes that have furnished a cause of action for the petitioners. Prior to the enforcement of substituted provisions under Amendment Act No. 20 of 1998, under Section 46 there was a provision for constitution of departmental committees consisting of nine members in case of corporations having 60 or more than 60 wards.