NARAYAN NAGINA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant was elected as President of the Municipal Council, Slronj, District Vidisha in December, 1999. He was aggrieved by the Resolution dated 17-2- 2003, Annexure P/4 with the writ petition whereby 3/4th of the Councillors of the Municipal Council had moved a proposal for recalling the appellant under Section 47 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter, referred to as the "Act"). Petition filed by the appellant before the writ Court has been dismissed. Against this dismissal, this appeal is filed.

(2.) Counsel for the appellant contended that on 24-1-2002 proposal to recall the appellant from the post of President was submitted by the elected Councillors to the Collector under Section 47 of the Act. Proposal was signed by 17 Councillors. On 1- 2-2002 out of 17 Councillors, nine Councillors have informed the Collector that the proposal Annexure P/2 with the writ petition was not signed by them voluntarily and they have signed the proposal under pressure. They prayed that the proposal for recalling the President should not be proceeded further. In view of the withdrawal of notice to recall by nine councillors, proceedings were dropped as the Collector was not satisfied that the proposal to recall the President has been signed by 3/4th elected Councillors. Appellant contended that since the proposal to recall the President had failed, the subsequent proposal or action for recalling the President is not maintainable under the second proviso to Section 47 of the Act. Therefore, the said proposal is without jurisdiction and the Collector of the District has no jurisdiction to forward the proposal to the State Government and the State Government has no power to make a reference to the State Election Commission.

(3.) Learned single Judge held that the earlier resolution was only a proposal and it was not a case of initiating proceedings. Learned single Judge further held that present proposal which is signed by 17 Councillors on 17-2-2003 and has been forwarded to the State Government after due verification and satisfaction by the Collector is initiation of the proceedings to recall for the first time.