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1968 Supreme(MP) 90

P.V.DIXIT, G.P.SINGH
BALBHADRA PRASAD – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
K.A.Chitale, K.K.DUBEY, P.C.PATHAK, R.K.Tankha, Y.S.DHARMADHIKARI

DIXIT, C. J.

( 1 ) THE petitioner in this case, who was elected as a Councillor of the Municipal council, Rewa, seeks a writ of certiorari for quashing an order made by the State government on 23rd March 1968 rescinding its earlier order dated 4th January 1968 dissolving the Municipal Council.

( 2 ) ON 5th May 1967 the Government Issued a notice to the Municipal Council, rewa, under Section 328 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act) asking it to show cause why it should not be dissolved on account of its certain acts of commission and omission stated in the charges enumerated in the notice. The Council gave its explanation. After considering the explanation furnished by the Council in reply to the notice, the government passed an order under Section 328 (1) of the Act dissolving the council. The operative portions of that order ran thus:

"the State Government after carefully considering the explanation furnished by the Council in regard to the above charges is of opinion that the Council has failed to meet the charges satisfactorily. The State government accordingly, find that all the charges excepting charge No. 3 described above have be















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