URMILA KATARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked writ jurisdiction under Article 226 of the Constitution of India seeking quashment of the letter dated 8-11-2019 issued by the State Government directing the Collector, Shahdol to take fresh action on the motion of no confidence against the petitioner, who is the President of the Municipal Council, Shahdol in accordance with the provisions of Section 43-A of the M.P. Municipalities Act, 1961 [hereafter referred to as "the Act 1961"] and also the communication and also letter dated 21-11-2019 issued by the Collector, Shahdol convening a meeting of no-confidence motion to be held on 3-12-2019 at 11:00 a.m.

(2.) This is second visit of the petitioner before this Court. Earlier, a resolution was passed for recalling the petitioner under Section 47 of the Act 1961 and an ordinance, namely, M.P. Nagar Palik Vidhi (Sansodhan) Ddhyadesh, 2019 was promulgated on 9-10-2019 whereby the provision of Section 47 was deleted and the words "President" before the words "Vice President" was inserted in the marginal heading as well as in the Section.

(3.) The said petition came for hearing on 11-11-2019. With the consent of the parties the matter was disposed of in the following terms :