NARMADAPRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India is directed against the order of the State of Madhya Pradesh, Respondent No. 1, superseding the Narsimhapur Janapada Sabha and appointing Shri U.S. Bajpai, Respondent No. 2 as its administrator.

(2.) THE Petitioners are the Chairman and councillors of the Janapada Sabha and include the Chairmen of the standing committees. The State Government framed six charges against the Janapada Sabha and by notice dated 14th September 1957 asked it to show cause why it should not be superseded under Sub -section (1) of Section 104 of the C.P. and Berar Local Government Act, 1948 (XXXVIII of 1948). This notice was signed by the Under Secretary to the Government of Madhya Pradesh, Local Self Government (Rural) Department and purported to have been issued by order of the Governor, Madhya Pradesh. The notice along with a statement of allegations giving the particulars on which the charges were based was served on the Chairman of the Janapada Sabha. The notice was placed by the Chairman in a meeting of the Sabha which submitted a reply to the charges on 4th October 1957. The State Government, however, was not satisfied with the explanation and by an order dated 11th February 1958 superseded the Janapada Sabha and appointed Respondent No. 2 as the administrator until the Sabha was reconstituted. This order was signed by the Secretary to the Government of Madhya Pradesh in the Local Self Government Department and purported to be issued by order of the Governor, Madhya Pradesh.

(3.) THE points which were urged in support of the petition were the following: