RUKSANA PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) This Writ Appeal under Section 2 of Madhya Pradesh Uchcha Nyalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant/petitioner being aggrieved by the order dt.18.02.2019 passed in Writ Petition No.1118/2015, whereby the Writ Petition filed by the petitioner/appellant challenging the first meeting of Municipal Council, Ashok Nagar held on 06.01.2015, in which respondent No.4 was elected as Vice President on the ground that clear seven days' notice was not given, as required under Rule 3 of Madhya Pradesh Municipalities (Election of Vice-President) Rules, 1998 (hereinafter shall be referred to as the 'Rules of 1998') has been dismissed.

(2.) It is submitted by the learned counsel for appellant that Chief Municipal Officer had issued notice dt.02.01.2015 informing the members for holding meeting to elect Vice President of the Municipality on 06.01.2015 and this notice is not in compliance of the provisions of law as Rule 3 (3) of the Rules of 1998 provides as under :-

(3.) It is submitted that since there is violation of such provision, therefore, in terms of the judgment of the Division Bench of this High Court in the case of Awadh Behari Pandey Vs. State of M.P. and others as reported in 1968 M.P.L.J. 638, wherein it has been held that provisions of Rule 3 of the Rules of 1998 are mandatory, the election of respondent No.4 is bad in law.