YATINDRA SINGH, PRASHANT KUMAR MISHRA
Omprakash Dewangan – Appellant
Versus
State of Chhattisgarh – Respondent
1. These two writ petitions challenge the validity of,
A portion of sub-rule (2) of rule 4 {rule 4(2)} (the impugned portion) of the Chhattisgarh Municipalities (The Conduct of Business of the Mayor-in-Council/ President-in-Council and the Powers and Functions of the Authorities) Rules, 1998 (the Rules) providing that the Vice-President will be a member of President-in-Council;
The circular dated 08.04.2005 explaining the impugned portion; and
The show-cause notice issued to the Petitioners on 20.06.2011 and 30.08.2011 to show cause as to why action be not taken against them under section 41A of the Chhattisgarh Municipalities Act, 1961 (the Act) for removing the Vice-Presidents as members of the President-in-Council.
THE FACTS
2. The State Government issued a circular dated 08.04.2005 indicating that under the Rules, the Vice-Presidents are to be included as members of the President-in-Council and as such, they should be included in the President-in-Council. They have been included in the municipalities.
3. In the present two writ petitions initially the vice presidents were included but later on were removed. These dates are different and as such they are mentioned under se
Rashid Ahmad v. Municipal Board
Tahir Hussain v. District Magistrate
RM Seshadri v. District Magistrate
Narendra Kumar v. Union of India-AIR 1960 SC 430 : 1960 (2) SCR 375;
Kameshwar Prasad v. State of Bihar-AIR 1962 SC 1166 : 1962 Supp (3) SCR 369;
PJ Irani v. State of Madras-AIR 1961 SC 1731 : (1962) 2 SCR 169;
Indian Express News Papers v. Union of India-(1985) 1 SCC 641 : AIR 1986 SC 515;
Secretary Ministry of Chemicals Fertilizers v. Cipla Ltd.-(2003) 7 SCC 1 : AIR 2003 SC 3078;
Kerala Samsthana Chethu Thozhilali Union v. State of Kerala- (2006) 4 SCC 327 : AIR 2006 SC 3480;
State of TN v. P Krishnamurthy-(2006) 4 SCC 517 : AIR 2006 SC 1622;
Sarbananda Sonowal v. Union of India-(2007) 1 SCC 174 : (2007) 1 SLT 648 : (2007)12 Scale 33;
Chandrakant v. Jasjit Singh-AIR 1962 SC 204 : 1962 (3) SCR 108;
Hukamchand v. Union of India-AIR 1972 SC 2427 : (1972) 2 SCC 601;
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