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2018 Supreme(Chh) 177

SANJAY K.AGRAWAL
Asha Suryavanshi, W/o Narayan Suryavanshi – Appellant
Versus
State of Chhattisgarh, Through Secretary, Department of Urban Administration and Development – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shakti Raj Sinha
For the Respondents: Mr. Arun Sao, Mr. R.S. Marhas and Mr. Aman Tamboli, Mr. Manoj Paranjpe, Mr. Neelkanth Malaviya, Mr. Amrito Das and Mr. Abhyuday Singh, Mr. Yogendra Pandey, Mr. Anurag Dayal Shrivastava

ORDER :

1. R.M. Sahai, J, speaking for the Supreme Court in the matter of Mohan Lal Tripathi v. District Magistrate, Rae Bareilly and others AIR 1993 SC 2042 defined recall of elected representative as under: -

“... Recall of elected representative is advancement of political democracy ensuring true, fair, honest and just representation of the electorate. Therefore, a provision in a statute for recall of an elected representative has to be tested not on general or vague notions but on practical possibility and electoral feasibility of entrusting the power of recall to a body which is representative in character and is capable of projecting views of the electorate. ...”

2. The petitioner herein, who is elected President of Municipal Council, Ratanpur, District Bilaspur, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India calling in question the memo dated 23-12-2017 (Annexure P-1) issued by the Collector, Bilaspur and the memo dated 22-1-2018 (Annexure P-2) issued by the State of Chhattisgarh forwarding the memo dated 23- 12-2017 to the Secretary, Chhattisgarh State Election Commission, and also eventually seeks to challenge the order dated 31-1-20








































































































































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