VASANT RAO PARHATE Vs. GHANSHYAM

JUDGEMENT

(1.) THIS order shall also govern the disposal of Miscellaneous Petition No. 90 of 1969, Durgadas v. Ganpati Upasrao Ghode and others, heard along with this application.

(2.) BY these two applications, the petitioners challenge the validity of the election of the President and of the Senior Vice-President of the Municipal Council, Pandhurna, held at its first meeting called for that purpose on 13th February 1969. The petitioner Vasant Rao Parhate in Miscellaneous Petition No. 89 of 1969 is one of the elected Councillors, an 1 he challenges the election of one Ghanshyam, the respondent No. 1 therein, who has been elected as the Senior Vice-President of the Municipal Committee; while, the petitioner Durgadas in Miscellaneous Petition No. 90 of i969, challenges the election of Ganpati Upasrao Ghode, the respondent No. 1 in that petition, who has been declared elected as the President of the Council. At the first meeting of the Council held under the aegis of the Sub-Divisional Officer, Saunsar, the election of the President and two Vice-Presidents was held by ballot, under Rule 9 (2) of the Madhya Pradesh Municipalities (President and Vice Presidents) Election Rules, 1962 (hereinafter referred to as "the rules"). The petitioners challenge the validity of these elections, on the following two grounds:

(3.) MINUTES of proceedings,-(1) MINUTES of the proceedings at each meeting of a Council or any of its Committee shall be drawn up in Hindi written in Devanagari script and recorded in book to be kept for the purpose separately for the Council and each of its Committee and shall be signed by the Chairman of meeting or of the next ensuing meeting. (2) The minutes of the Council shall be published in the manner prescribed and shall at all reasonable times and without charge be open to the inspection by any inhabitant of the Municipality. (3) The minutes of the proceedings recorded under sub-section (1) shall include- (i) the name of the Councillors present; (ii) the decision of a meeting on every question considered; and (iii) When such decision is not unanimus, the number of votes and the names of Councillors voting for or against such question and the names of those who have remained neutral, whether votes have been taken by division or otherwise. ** *** ** 63. Decision of questions by majority of votes- Except as otherwise provided by or under this Act, all questions brought before any meeting of a Council or any of its committees held under this Act, shall be decided by a majority of the votes of the Councillors present and in the case of an equality of votes, the presiding authority at the meeting shall have a second or casting vote: Provided that in the case of an equality of votes at the election of- (a) the President or Vice-Presidents of the Council; ******** the presiding authority shall not exercise its casting vote, and the result shall be decided by lot. ** *** ** Rule 9 (2) When the number of duly nominated candidates for each of the said office is more than one, the election shall be held by ballot."