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1983 Supreme(MP) 106

G.P.SINGH, FAIZAN UDDIN
Mohammad Ali Khan and others – Appellant
Versus
State of M. P. – Respondent


Advocates:
Y.S. Dharmadhikari with K.M. Agarwal, for Petitioners; Gulab Gupta with M.V. Tamaskar, Govt. Advocate (for No. 1) and N.S. Kale (for No. 2), for Respondents.

Judgement

G. P. SINGH, C.J. :- This order shall also dispose of Misc. Petn. No. 866 of 1983.

2. By notification dated 16th March, 1983 published in the Gazette, the State Government appointed Shri S.V. Ayer, Assistant Collector, Raipur, as the Administrator of the Municipal Corporation, Raipur, under Section 423 of the Madhya Pradesh Municipal Corporation Act, 1956. This order was issued on the assumption that the Corporation stood dissolved on 15th March, 1983 by expiration of its term. By these petitions under Article 226 of the Constitution, the petitioners challenge the said action of the State Government and they contend that the term of the Corporation has not yet expired.

3. The facts which are not in dispute are that the first elections to constitute the Corporation were held on 31st Dec., 1978. On 29th Jan., 1979, a meeting of the elected Councillors was held to select Councillors. Another meeting of the elected Councillors was called for 12th Feb., 1979. A writ petition challenging the action of calling the second meeting, being Misc. Petn. No. 143 of 1979, was filed which was allowed by a

Division Bench of this Court on 27th Feb., 1979. The notice calling the second meetin

















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