RAM SHARAN BARI MUNICIPAL COUNCILLOR JABALPUR Vs. K L DUBE MAYOR MUNICIPAL CORPORATION JABALPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of india by a Councillor of the Municipal Corporation, Jabalpur, wherein the petitioner seeks to have set aside the order of the Mayor, namely, respondent no. 1, dated 15-3-1974, refusing to put before the House the petitioner's resolution, dated 12-3-1974, censuring the first respondent, on the ground that there is no provision in the Madhya Pradesh Municipal Corporation Act, 1956, for moving a censure motion.

(2.) THE first respondent is a Mayor of the Jabalpur Municipal Corporation, while the second respondent, Shri Anilkumar Sharma, is the Deputy mayor. Ten Councillors of the Jabalpur Municipal Corporation on 2-3-1974 (Vide Petitioner's Annexure -A) gave a notice of the censure motion to be moved against the Mayor and the Chairman of the Standing Committee. It may be relevant to reproduce the resolution, which is as follows :<IMG>np_612_mplj_1974.jpg</IMG> Translated in English, the resolution would read as follows :

(3.) THIS requisition was addressed to the Mayor, who from 2-3-1974 to 1-3-1974 was away from Jabalpur. Therefore, in the absence of the Mayor, the Deputy Mayor (respondent 2) purported to pass four orders on 2-3-1974 (Petitioner's Annexures-B/l,b/2, B/3 and B/4), wherein he purported to exercise powers under section 25 (2) of the M. P. Municipal Corporation Act, 1956 and stayed certain actions being taken and further he directed that the matters thus suspended be put up for consideration before the next Meeting of the Corporation.