BALRAM MALVIYA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-42
HIGH COURT OF MADHYA PRADESH
Decided on February 26,2021

Balram Malviya Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

VIJAY KUMAR SHUKLA,J. - (1.) The instant petition has been preferred under Article 226 of the Constitution of India, seeking a direction to the respondents No.1 and 2, to conduct election of the Municipal Council, Sanchi District Raisen, as per notification published in the M.P. Gazette on 21-10-2014. The petitioner is also seeking a direction that the notification dated 11-12-2020 be made effective from the election to be held in year 2026.
(2.) The petitioner is an Ex-President of the Municipal Council, Sanchi and he served as President of the Municipal Council from the year 2008 to 2013 for a period of five years. Municipal Council, Sanchi was established in the year 1998 and ever since the same has been reserved for the Scheduled Caste (SC), quoted as per the Rules called Madhya Pradesh Municipalities (Reservation of the Office of Mayor & President) Rules, 1999 [hereafter referred to as "the Rules 1999"].
(3.) The contention of the petitioner is that the last election of the Municipal Council was held in the year 2013 on the basis of notification issued under Rules 1999. In the said election the post of the President of Municipal Council, Sanchi was reserved for SC (female). The terms of the said Municipal Council was up to the year 2018. In the meantime, a notification under the Rules 1999 was issued on 21-10-2014, in which the seat of the President of the Municipal Council, Sanchi was reserved for SC (female). After completion of the term of the Municipal Council, the election was not held, due to administrative reasons, and now the impugned notification has been issued under Rules 1999, and again by the Notification dated 11-12-2020, the seat of the President of the Municipal Council, Sanchi has been reserved for SC (female).;


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