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1962 Supreme(MP) 114

K.L.PANDEY, P.V.DIXIT
SHEOKUMAR SHASHTRI – Appellant
Versus
MUNICIPAL COMMITTEE – Respondent


Advocates Appeared:
H.L.KHASKALAM, Ravindra Kumar

DIXIT, C. J.

( 1 ) BY this application under Article 226 of the Constitution of India, the petitioner, who was the elected Vice-President of the Rajnandgaon Municipal Committee, seeks a writ of certiorari for quashing a motion of no-confidence passed against him at a meeting of the Committee held on 21st March 1962.

( 2 ) THE material facts are that on 25th November 1961 Gyanchand Jain, a member of the Committee, gave to the petitioner a notice under Section 18-A (1) of the central Provinces and Berar Municipalities Act, 1922, saying that he would move a motion of no-confidence against him on the expiry of the prescribed period of ten days from the date of the receipt of notice by the petitioner. The notice also asked the petitioner, who was then officiating as President of the Municipal Committee, to convene a meeting of the Committee for the purpose. A meeting was accordingly convened on 17th January 1962. As, however, there was no quorum for the meeting, the motion of no-confidence could not be moved and the meeting was adjourned sine die. On 1st February 1962 the Madhya Pradesh Municipalities act, 1961 came into force. Thereafter on 13th February 1962 eight members of the Commi







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