CHANDI BAI Vs. GULABKALI

JUDGEMENT

(1.) THIS is a Letters Patent Appeal directed against the judgment dated 9 -5 -1997 in W. P. No. 5097 of 1996 whereby the learned single Judge has allowed the petition and set aside the resolution dated 30 -11 -1996 recorded by the Nagar Panchayat carrying out the motion of no confidence against the petitioner/respondent.

(2.) BRIEF facts which are necessary for disposal of this appeal are that the petitioner/respondent filed a writ petition seeking quashing of proceedings dated 30 -11 -1996 (Ex.Pl) by which a motion of no confidence was passed against her. It was also prayed that the proceedings dated 30 -11 -1996 be declared as null and void. The petitioner/respondent was elected as a Sarpanch of Nagar Panchayat Semaria. Some members of the Council moved a no confidence motion against the petitioner/respondent. Meeting of no confidence was to be held on 18 -11 -1996 as per the agenda dated 5 -11 -1996 issued by the respondent No. 2. The meeting could not be convened on 18th November, 1996 but it was convened on 19 -11 -1996. As the Chief Municipal Officer was not available, it was adjourned to 30 -11 -1996. The meeting was held on 30 -11 -1996 and motion of no confidence was passed against the petitioner/respondent. The petitioner challenged this motion of no confidence on the ground that the meeting which was convened was in violation of the provisions of Sections 47, 52 and 59 of the M.P. Municipalities Act, 1961 (for short the Act). The main contention of the petitioner/respondent was that as per Section 59 of the Act, every meeting of the Council is to be presided over by the President and if the President is not available, then by the Vice President and if there is no President or Vice President, then such one of their member as the Councillors present may elect, shall preside over the meeting as a Chairman. Since the motion of no confidence was against the President, therefore, the President could not preside over the meeting and it could have been presided over by the Vice President in terms of Section 59 of the Act. But the Vice President also did not preside over the meeting and therefore, one Kedar Singh, Councillor was elected to preside over the meeting. In the meeting presided over by Kedar Singh, the motion of no confidence was passed against the President (petitioner/respondent). The minutes of the meeting of no confidence has been placed on record and reads as under : - .........[vernacular ommited text]...........

(3.) IT may also be relevant to mention here that when the writ petition was admitted and interim order was granted on 17 -12 -1996 by this Court and it was directed that the election of Nagar Panchayat be held but its result be not declared till further orders. But it appears that the result was declared on 19 -12 -1996 and the appellant Smt. Chandi Bai was declared elected as a President. Contempt proceedings were initiated before this Court which came to be registered as a Contempt Petition No. 19 of 1997. The respondents therein pleaded that they did not know about the stay order passed by this Court and, therefore, they revoked the order dated 4th March, 1997.