MANGILAL Vs. STATE OF M P

JUDGEMENT

(1.) THE centrirorial question that emanates for determination in this intra- Court appeal preferred under Section 2 (1) of the Madhya Pradesh uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 pertains to the commencement of the period of President of a Nagar Panchayat for the purpose of recall as envisaged under Section 47 (1) of the M. P. Municipalities act, 1961 (for brevity 'the Act' ).

(2.) SHORN of unnecessary details the facts which are imperative to be unfurled are that the present appellant was elected as President of Nagar panchayat in an election held on June 16,2004 and the said election was notified on June 24,2004. The first meeting of the Municipal Council was held on July 15, 2004. During the continuance of the petitioner as the President of the Nagar panchayat, a proposal was mooted for his recall and the said application was entertained by the Collector in terms of Section 47 of the Act and was forwarded to the State Government for further appropriate action.

(3.) QUESTIONING the aforesaid action of the Collector the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of india contending, inter alia, that initiation of process under Section 47 of the Act was in contravention of the mandatory provisions of the Act and the recommendation sent by the Collector also is not in accord with the same and hence, the whole process is unsustainable.