SHYAMLAL KOL Vs. STATE OF M P

JUDGEMENT

(1.) FACTS lie in a narrow compass. Respondent No. 4 Smt Laltia tamrakar is holding the post of President, Nagar Panchayat, Uchchara, district Satna. Earlier proposal (P-l) for her recalfwas moved. The Collector had sent the proposal to the State Government which was sent back to the Collector. Proceedings for recall against the respondent No. 4 could not be initiated. Respondent No. 4 had filed W. P. No. 10891/08, which was dismissed as withdrawn on 22. 10. 08, it is mentioned in the order that the proceedings against respondent no. 4 were dropped, as such the petition was withdrawn. Again a fresh proposal was moved before the Collector as apparent from the order dated 13. 10. 08. It was moved under Section 47 (2) of the Municipalities Act.

(2.) COLLECTOR while considering the fresh proposal for recall, moved under Section 47 (2) of the Municipalities Act has held vide order dated 13. 10. 08 that earlier proposal for recall had been moved, as such it was not possible to initiate fresh proceedings for recall proposal has been rejected.

(3.) PETITIONER's counsel Shri K. C. Ghildiyal has placed reliance on a Division bench decision of this court in Narayan Nagina Vs State of M. P. and others 2004 (1) M. P. L. J. 341 to contend that earlier the Collector was not satisfied with the first proposal as the same had not been moved by the requisite number of councillors. It could not be said that there was initiation of proceedings on the first proposal and the second proposal could not have been turned down to initiate process for recall on the ground that first proposal had been submitted.