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1969 Supreme(MP) 15

A.P.SEN, G.P.SINGH
SURESH SETH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.M.MATHUR, K.P.MUNSHI

SINGH, J.

( 1 ) THE petitioner by this petition under Article 226 of the Constitution seeks a writ in the nature of certiorari for quashing an order of the State Government passed on 23rd April, 1968 under Section 422 of the Madhya Pradesh Municipal corporation Act, 1956 superseding the Municipal Corporation Indore for a period of one year with effect from 23rd April, 1968.

( 2 ) THE last elections to the Corporation were held in February, 1965 in which the petitioner was elected as a Councillor on the Congress ticket for ward No. 31. Had the Corporation not been superseded, the petitioner and other Councillors would have ordinarily continued in office till March, 1969.

( 3 ) ON 20th December, 1967 the State Government proposed to supersede the corporation and issued a notice to it to show cause why an order retiring all the councillors and superseding it for one year should not be passed. The action proposed was based on the following three charges:

" (1) That on 29-8-1967 the Corporation was to take up no confidence motion against the Mayor but the Councillors created disturbance and pandemonium. Police had to rush to the spot to restore order. The action of the Councillors was no
























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