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1995 Supreme(MP) 806

U.L.BHAT, S.K.DUBEY, V.K.AGRAWAL
STATE OF MADHYA PRADESH THROUGH LOCAL SELF GOVT. DEPTT. , BHOPAL – Appellant
Versus
BENI PD. RATHORE – Respondent


Advocates Appeared:
ANUP CHOUDHARY, L.S.BAGHEL, N.C.JAIN, R.S.JHA

U. L. BHAT, C. J.

( 1 ) RESPONDENTS 1 and 2 herein who are Municipal Councillors, were elected as President and Vice President respectively at the election held on 12-2-1995. 12 Councillors gave requisition for moving resolution expressing no confidence in them. The Chief Municipal Officer convened a meeting on 6-5-1995 for consideration of the motions. The President was absent at the meeting, but the Vice President was present. The Councillors unanimously elected third appellant, one among the Councillors, to preside over the meeting. Resolutions expressing no confidence in the President and Vice President respectively were taken up separately for consideration and both the resolutions were passed in the presence of 29 Councillors, 23 Councillors voting in favour of the resolutions. The President and Vice President jointly filed the writ petition challenging the legality of the resolutions on the ground that proceedings were illegal inasmuch as the Vice President ought to have presided and the Councillors could not have elected a Councillor to preside over the meeting and that minutes of meeting had not been recorded as required under Section 62 of the M. P. Municipalities Act 196

























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