VIVEK NARAYAN SHEJWALKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant petition filed u/Art. 226 of the Constitution assails the show cause notice dated 13/2/2019, P/1 issued by respondent No.1 by invoking provision of Sec. 19-B of the Municipal Corporation Act, 1956 (1956 Act for brevity), asking the petitioner who happens to be sitting Mayor of the Municipal Corporation, Gwalior to show cause as to why he be not removed from the office of Mayor.

(2.) Learned counsel for the petitioner relying upon the final order passed by a coordinate bench of this court at the principal Seat at Jabalpur on 14/2/2019 in W.P.No.2492/19 (Smt. Kanta Yogesh Sadarang v. State of M.P.) vide P/2, submits that in similar circumstance involving similar show cause notice u/S. 19-B of the 1956 Act against the Mayor of Municipal Corporation Chhindwara, the coordinate bench set aside the show cause notice on the ground of the same reflecting premeditated mind of the issuing authority.

(3.) Before proceeding ahead it would be appropriate to reproduce the findings rendered by the coordinate bench at Jabalpur in W.P.No.2492/19 vide P/2 from paras 14 to 21 which are as follows:-