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1998 Supreme(MP) 867

DIPAK MISRA
NARAYANDAS SHARMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
JIVENDRA PANDEY, N.C.JAIN, S.N.KHERDEKAR, V.K.TANKHA

DEEPAK MISRA, J.

( 1 ) INVOKING the extraordinary jurisdiction of this Court under A. 226 of the Constitution of India the petitioner has prayed for issue of appropriate writ to declare the proceedings of the meeting of Nagar Panchayat, Nasrullganj held on 24-9-97 vide Annexure-P-1 as illegal and further to issue a writ prohibiting the President of the said Nagar Panchayat to function as such.

( 2 ) THE essential facts giving rise to the present writ petition are that the petitioner was elected as Councillor from Ward No. 8 of the Nagar Panchayat, Nasrullaganj, and thereafter, he was elected as the Vice President of the said Nagar Panchayat. It is stated that he had been working in the interest of public and from time to time was exposing the misdeeds in the corporation which had caused annoyance to the President and a limited number of members who contrived a situation to bring a no confidence motion against him. It is putforth that the President, respondent No. 3 herein, does not have the credentials to function as the President but is still continuing in the post. It is pleaded that the petitioner received a notice dated 6-9-97 purported to have been signed by Sub-Divisional Offi














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