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1964 Supreme(MP) 112

P.V.DIXIT, K.L.PANDEY
BABOO LAL CHOUBEY – Appellant
Versus
THE MUNICIPAL COUNCIL – Respondent


DIXIT, C. J.

( 1 ) BY this application under Articles 226 and 227 of the Constitution the petitioner, who was elected in 1959 as the president of the Municipal Council, Chhuikhadan, prays for the issue of a writ of certiorari for quashing a resolution passed by the council on 4th May 1964 expressing no confidence in him.

( 2 ) THE applicant contends that there was no requisition at all as required by section 47 (2) (i) of the M. P. Municipalities Act, 1961 (hereinafter called the Act)for the convening of a meeting at which the motion of no-confidence was passed; that the notice of the meeting was not given to him and other Councillors ten clear days before the meeting; and that the meeting was presided over by one of the councillors and not by the Vice-President of the Council, who was present at the meeting and who alone under Sections 52 and 59 of the Act could preside over the meeting.

( 3 ) THERE is no substance in any of these contentious, and this application must be dismissed As has been stated in the return and as is clear from the record, a requisition for the calling of a meeting for discussing a motion of no-confidence against the applicant was received by the Chief Muni






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