NIRANJAN PRASAD KESHARWANI Vs. STATE OF MADHYA PRADESH LOCAL GOVERNMENT URBAN DEPARTMENT BHOPAL

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner, a former President of the Municipal Council, mungeli, seeks a writ of Mandamus restraining the respondents from giving effect to the order, dated 17-11-1973 (Petitioner's Annexure-B) ordering the tahsildar, Mungeli, to take charge of the Municipal Council under section 328 (6) (b) of the Madhya Pradesh Municipalities Act, 1961 as the term of the Municipal Council expired on 14-5-1973, as per section 36 (3) of the act. The petitioner also seeks quashing of the order, dated 17-11-1973 on the ground that the said order was beyond the powers conferred on the State government. It is further prayed that the State Government, by a writ of mandamus, be directed to extend the term of the Municipal Council, as per the proviso to section 36 (1) of the Act.

(2.) THIS Municipal Council has rather had a chequered career. The general elections were held on 16-12-1968. The first meeting of the Municipal Council was convened on 15-5-1969, in which the petitioner was elected as the President. He took over charge of the office of the President on 21-6-1969. Thereafter on 30-6-1971, that is, after about two years and a week, the State Government dissolved the Municipal Council in exercise of powers conferred by section 328 of the M. P. Municipalities Act, 1961. Against the order of dissolution the petitioner had filed Miscellaneous Petition No. 380 of 1971. A Division Bench of this Court, by order, dated 3-12-1971, allowed the writ petition and quashed the order of the State Government dated 30-6-1971. In consequence the petitioner again took over charge of the office of the President on 6-1-1972.

(3.) THEREAFTER on 5-10-1972, the Municipal Council, Mungeli, was again dissolved for the second time under section 328 of the Act. Against that order of dissolution the petitioner again filed Miscellaneous Petition No. 855 of 1972. A Division Bench of this Court by order, dated 12-9-1973 allowed the writ petition and again quashed the order of dissolution, dated 5-10-1972. In consequence, the petitioner again took over charge of the office of President on 27-9-1973.