ANIS BEG Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition assailing the proceedings for 'no confidence' held against him on 22.1.2009 whereby the Municipal Council, Waraseoni has passed a resolution expressing no confidence against the petitioner, who at the relevant time was working as Vice President of Muncipal Council, Waraseoni, by a vote of 13:1.

(2.) The brief facts, leading to the filing of the present petition, are that the petitioner was initially elected as a Councillor from Ward No. 10 in Municipal Council, Waraseoni. He was subsequently elected as Vice President by the Councillors in a special meeting held for that purpose on 25.11.2004. On 26.12.2008 eleven ward members signed and forwarded an application under section 43 A of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as 'the Act'), moving a motion of 'no confidence' against the petitioner. The competent authority forwarded the same to the Collector who on 9.1.2009 directed convening of a meeting of 'no confidence' on 22.1.2009 and issued notices for that purpose with a further direction to serve notices on all the Councillors within the stipulated period.

(3.) It is an undisputed fact that notices were served to all the Councillors including the petitioner between 13 '1.2009 and 15.1.2009. It is also an undisputed fact that all the Councillors including the petitioner participated in the 'no confidence' proceedings that was held on 22.1.2009. In accordance with the directions issued by the Collector, Balaghat the meeting was presided over by the Sub Divisional Officer and on that date 13 out of the 14 Councillors present voted against the petitioner as a result of which and in accordance with the provisions of Section 43 A of the Act, the petitioner stood removed from the post of Vice President and the said post was declared vacant. It is also an undisputed fact that the petitioner, as on date, is continuing to work as a Councillor and that subsequently on 8.6.2009 one Ramesh Devhare has been elected as Vice President of the Municipal Council, Waraseoni.