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2003 Supreme(MP) 1294

S.S.JHA, SUBHASH SAMVATSAR
NARAYAN NAGINA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A.K.JAIN, K.N.Gupta, PRAGYA RENVAL, R.D.Jain, S.J.P.Gupta, VIJAY SUNDARAM

JHA, J.

( 1 ) APPELLANT was elected as president of the Municipal Council, Slronj, district Vidisha in December, 1999. He was aggrieved by the Resolution dated 17-2-2003, Annexure P/4 with the writ petition whereby 3/4th of the Councillors of the municipal Council had moved a proposal for recalling the appellant under Section 47 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter, referred to as the "act" ). Petition filed by the appellant before the writ court has been dismissed. Against this dismissal, this appeal is filed.

( 2 ) COUNSEL for the appellant contended that on 24-1-2002 proposal to recall the appellant from the post of President was submitted by the elected Councillors to the collector under Section 47 of the Act. Proposal was signed by 17 Councillors. On 1-2-2002 out of 17 Councillors, nine Councillors have informed the Collector that the proposal Annexure P/2 with the writ petition was not signed by them voluntarily and they have signed the proposal under pressure. They prayed that the proposal for recalling the President should not be proceeded further. In view of the withdrawal of notice to recall by nine councillors, proceedings were dropped as the Colle


















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