NARENDRA KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE Municipal Council Lakhnadon was superseded and in exercise of the power under Clause (b) of sub -section (6) of section 328 of the M.P. Municipalities Act, 1961 (for brevity, hereinafter referred to as 'the Act'), the Administrative Committee was appointed by the State Government comprising of 7 persons by Notification No. F -l (46) -85 -1 -XVIII -I dated 21st June, 1985. Out of these, one was the Chairman and six were Members. This notification was contrary to the provision of law, which confers authority on the State Government. The relevant provision as contained in Proviso (a) to sub -section (6) of section 328 of the Act is as extracted below:

(2.) THE power was exercised by the State Govt. under Clause (d) to sub -section (6) of Section 328 of the Act. This order is under challenge before this Court.

(3.) IN view of above, the writ petition has become infructuous so far as Document No.9 is concerned.