G.L.OZA, G.G.SOHANI, R.K.VIJAYWARGIYA
RANA NATWARSINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
( 1 ) THIS petition under Article 226 of the Constitution of India is directed against the order dated 27th April, 1978 passed by the State Government under section 41 (1) (a) of the M. P. Municipalities Act, 1961, hereinafter referred to as the Act, removing the petitioner from the office of the Councillor of Municipal council, Susner, with effect from the date of the order and further directing under Sub-section (4) of Section 41 of the Act that the petitioner shall be disqualified for further election, selection or reappointment to the office of the councillor for a period of four years from the date of his removal from the membership of the Council.
( 2 ) THIS petition initially came up for hearing before a Division Bench of this court which, by its order dated 21st September, 1978, held that the decision reported in Laxminarayan v. State of M. P. (1974 MPLJ 314) : (AIR 1975 Madh pra 71) holding that the State Government, while passing an order of removal under Section 41 (2) of the Act, was not required to state reasons, required reconsideration and hence the matter deserved to be considered by a larger bench. That is how, this petition came up for hearing before th
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