SURESH SETH Vs. STATE
LAWS(MPH)-1969-1-7
HIGH COURT OF MADHYA PRADESH
Decided on January 31,1969

SURESH SETH Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) THE petitioner by this petition under Article 226 of the Constitution seeks a writ in the nature of certiorari for quashing an order of the State Government passed on 23rd April, 1968 under Section 422 of the Madhya Pradesh Municipal corporation Act, 1956 superseding the Municipal Corporation Indore for a period of one year with effect from 23rd April, 1968.
(2.) THE last elections to the Corporation were held in February, 1965 in which the petitioner was elected as a Councillor on the Congress ticket for ward No. 31. Had the Corporation not been superseded, the petitioner and other Councillors would have ordinarily continued in office till March, 1969.
(3.) ON 20th December, 1967 the State Government proposed to supersede the corporation and issued a notice to it to show cause why an order retiring all the councillors and superseding it for one year should not be passed. The action proposed was based on the following three charges: " (1) That on 29-8-1967 the Corporation was to take up no confidence motion against the Mayor but the Councillors created disturbance and pandemonium. Police had to rush to the spot to restore order. The action of the Councillors was not worthy of the office held by them and was not in the interest of the Corporation; (2) That the Corporation met frequently to pass the budget but instead of passing budget the Councillors engaged themselves in acts of indiscipline as a result of which meetings were adjourned without transacting the business included in the agenda. This shows incompetence of the Corporation to carry out its duties; and (3) That Indore City faced an unprecedented scarcity of water during the summer of 1966 on account of failure of monsoon. The scarcity continued in the year 1967 also, but in a less aggravated form. To tide over this scarcity the Indore Municipal Corporation and the P. H. E. Department of the State Government made various efforts to exploit new sources of water. Wells and tubewells were dug and pumps and pipe lines fitted wherever possible. The amount of money spent in the process by the Corporation was disproportionate to the quantity of water procured from those sources. ";


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