HARISINGH SIDAR Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, by means of this petition, has approached this Court seeking relief for quashing the order dated 17/18-3-99 (Annexure P-7 to the petition) and for restoration of the earlier order dated 17-9-98 (Annexure P-2 to the petition) and a further direction for holding of the election of the President of Nagar Panchayat, Sakti as per provision of law.

(2.) THERE has been casual vacancy in the office of President of Nagar Panchayat, Sakti and the State Government exercising power under Sub-section (2) of Section 37 of the M. P. Municipalities Act, 1961 (for brevity, hereinafter referred to as 'the Act') nominated the petitioner to exercise all the powers and duties of the President of Nagar Panchayat, Sakti vide order dated 17-9-98. Subsequently the State Govt. passed another order on 17/18-3-99, which is Annexure P-7 to the petition, recalling the order dated 17-9-98 and nominating Shri Sanjay Kumar Agrawal (respondent No. 5) for exercising all the powers and duties of the President in exercise of powers under Sub-section (2) of Section 37 of the Act.

(3.) HEARD the learned counsel for the petitioner, Shri Vishnu Koshta, Learned counsel for the petitioner made three-fold submissions. Firstly, that the petitioner has been nominated under Sub-section (2) of Section 37 of the Act and he has been removed on the basis of some complaint without affording any opportunity of being heard and as such the order suffers from infirmity. Secondly, the petitioner became President of Nagar Panchayat, Sakti and the provision of removal as provided under Section 41-A of the Act had to be followed. Non-following of the procedure makes the impugned order procedurally ultra vires, and thirdly, that under Section 37 of the Act, the State Government has no power to remove the Councillor, who has been nominated to discharge the powers and functions of the President who has to continue till the regular election is held.