The initiation of recall proceedings under Section 47 of the Madhya Pradesh Municipalities Act, 1961 occurs only after the Collector verifies that three fourth of the elected Councillors have signed the proposal.

( 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 Collector was not satisfied that the proposal to recall the President has been signed by 3/4th elected Councillors. Appellant contended that since the proposal to recall the President had failed, the subsequent proposal or action for recalling the president is not maintainable under the second proviso to Section 47 of the Act. Therefore, the said proposal is without jurisdiction and the Collector of the District has no jurisdiction to forward the proposal to the state Government and the State Government has no power to make a reference to the State Election Commission.

( 3 ) LEARNED single Judge held that the earlier resolution was only a proposal and it was not a case of initiating proceedings. Learned single Judge further held that present proposal which is signed by 17 councillors on 17-2-2003 and has been forwarded to the State Government after due verification and satisfaction by the Collector is initiation of the proceedings to recall for the first time.

( 4 ) COUNSEL for the appellant contended that once the proposal is submitted to the collector, it is the end of the matter and submission of proposal for recalling the president amounts to initiating the proceedings for recall of the President. Once this power has been exercised by 3/4th of the councillors of the Municipal Council, then subsequent proposal for recall is not maintainable.

( 5 ) COUNSEL for the respondents submitted that initiation of the proceedings would mean forwarding the proposal to the State government by the Collector after due satisfaction. Until and unless proposal is forwarded by the Collector after due verification, proposal to recall is a proposal and the proceedings are initiated after the requirement of sub-section (2) of Section 47 of the act is fulfilled. He submitted that this resolution is maintainable.

( 6 ) SECTION 47 of the Act is reproduced below : "recalling of President. (1) Every President of a Council shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of voters of the municipal area casting the vote in accordance with the procedure as may be prescribed : provided that no such process of recall shall be initiated unless a proposal is signed by not less than three fourth of the total number of the elected Councillors and present to the Collector : provided further that no such process shall be initiated : (i) within a period of two years from the date on which such President is elected and enters his office; (ii) if half of the period of tenure of the president elected in a by-election has not expired : provided also that process for recall of the president shall be initiated once in his whole term. (2) The Collector, after satisfying himself and verifying that the