ASHOK KUMAR SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against an order dated 31. 3. 2009 by learned Single Judge in W. P. No. 2690/2008, by which writ petition preferred by the appellant challenging the proposal for recall of appellant, from the office of President, Nagar Panchayat, Chitrakut, forwarded by the Collector, Satna vide letter dated 24. 12. 2007, was dismissed.

(2.) THE sole contention of appellant before this Court was that section 47 of the M. P. Municipalities Act, 1961 (hereinafter referred to as 'act' for short) provides a proposal of recall of the President and as per section 56 and 62 of the Act, only after convening a meeting in this regard a proposal can be sent to the Collector, as required under section 47 of the Act and no proposal could have been given to the collector directly by the Councillor for the recall of appellant. It was submitted that the learned Single Judge committed a grave error in dismissing the writ petition.

(3.) LEARNED counsel for respondents supported the order and submitted that section 47 itself provides a complete procedure for submitting proposal for recall of President and in view of provision contained in section 47, it was not necessary for the Councillor to convene a meeting for a proposal of recall. The contention of appellant was misconceived.