GYAN BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dtd. 13/6/2019 passed by respondent no.1 whereby the petitioner who was until now presiding as a President of President of the Nagar Parishad (council) Chandiya District Umaria has been replaced by the respondent no.4 on the post.

(3.) Counsel for the petitioner has vehemently argued before this Court that earlier, on the said post Smt. Saraswati Bai was elected. However, in an election petition filed by one Smt. Manju Kol, the election of the Smt. Saraswati Bai was set aside and thus, a vacancy arose for the post of President of Nagar Parishad Chandiya District Umaria. Since, the petitioner was also a Councilor of the said Parishad, a resolution was passed by the said Parishad on 2/6/2018 in favour of the petitioner and she was appointed as the president of the Parishad and the same was also affirmed by the Commissioner vide its order dtd. 1/8/2018. Subsequently, on 2/8/2018, the petitioner was also given the charge of the said post. It is further the case of the petitioner that all of a sudden respondent No.1 has appointed the respondent no.4 as the president of the said Parishad on the ground that the post has fallen vacant after the election of the President of the Nagar Parishad Chanciya was set aside on 18/5/2018.