ANAND SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER Smt. Anand Singh was the President of Municipal Council Maihar. She was elected as the President from General Category. She was removed by the State Government in exercise of the power under section 41 -A of the M.P. Municipalities Act. 1961 (for brevity, hereinafter referred to as "the Act') vide order dated 3.6.99, which is Annexure P -13 to the petition. Another order dated 8.6.99. Annexure P -14 to the petition, was passed by the Collector Satna, whereby for day -to -day working till further arrangement is made, the Vice -President was handed over the charge.

(2.) HEARD the learned counsel for the petitioner. Learned counsel for the petitioner made two -fold submissions. Firstly, that the order dated 8.6.99, Annexure P -14 to the petition, is in violation of section 37 of the Act which requires that for the office of the President, the President shall be nominated from the elected Councillers belonging to such reserved category, and secondly, the impugned order of removal of the petitioner was not passed after giving opportunity of hearing to the petitioner and the same was in violation of principle of natural justice.

(3.) THE second submission, as advanced by the learned counsel for the petitioner, is that the impugned order relating to the removal of the petitioner dated 3.6.99. Annexure P -13 to the petition, by which the order is communicated, is passed in violation of the principle of natural justice.