MUNICIPAL COUNCIL DATIA Vs. COLLECTOR DATIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the powers of the Collector to enquire into the question as to whether the resignation tendered by respondents 2 and 3 are genuine or not and for a writ or Certiorori to quash the order passed on 22 -12 -1978 by which the respondents 2 and 3 were to continue as councilors pending enquiry into the matter of their resignations.

(2.) IN the election of councilors held in the month of June 1978, Parmanand Vishwadeva and Rakesh Dube respondents 2 and 3 were duly elected as councilors. It is alleged by the petitioner that on 20 -12 -1978, Parmanand and Rakesh Dube, respondents 2 and 3, tendered their resignations to the President. The President, on receipt of the resignations, is said to have accepted them and intimated the Collector, Datia and the Director, Local -Self Government, Madhya Pradesh, Bhopal for further action contemplated under section 40 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as 'the Act'). In the meantime, the respondents 2 and 3 intimated the Collector that they had not resigned nor had they tendered any resignation to the President from the councillorship of the Municipal Council. Datia and that the President Municipal, Council Datia is only utilising forged documents with the ulterior motive of reducing the number of opposition members. These memoranda were supported by affidavits of respondents 2 and 3. The Collector, Datia, who is a prescribed authority under section 40 of the M.P. Municipalities Act, passed the impugned order dated 22 -12 -1978 indicating his intention to enquire into the genuineness of the resignations by respondents 2 and 3 and directed that pending such enquiry, the respondents 2 and 3 will continue to function as councilors as though they had not resigned. The Municipal Council, Datia through its President, Rajendra Prasad Rawat now seeks to challenge the order of the Collector.

(3.) SECTION 40 of the Madhya Pradesh Municipalities Act reads as under: -