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2004 Supreme(MP) 845

RAJEEV GUPTA, S.L.JAIN, S.S.KEMKAR
Naravadi Bai Chaudhary – Appellant
Versus
State of M. P. – Respondent


Advocates:
Prashant Singh for appellant; Mirgendra Singh for respondent
No.7; R.S. Jha, Deputy Advocate General for State.

ORDER

Jain, J.-1. Being aggrieved by the order dated 11.2.2003 passed by learned Single Judge in writ petition No, 5940/02, appellants have filed this Letters Patent Appeal under Clause 10, of the Letters Patent.

2. A thumb nail sketch of the case is thus :

2.1. Respondent No.7 Suresh Pathak was elected as President of Nagar Panchayat, Bareli, District Raisen on 4.1.2000. First meeting of Nagar Panchayat was held on 7.1.2000. Out of the 15 councillors, 13 moved a proposal for recall of President under section 47 of the Municipalities Act (hereinafter referred to as the 'Act').

2.2.Suresh Kumar Pathak submitted a representation to the Collector to the effect that five councillors, who are the signatories of the proposal, have expressed their confidence in him. The affidavits of those five councillors were also submitted. Collector summoned all the 13 councillors who signed the proposal but out of them only 11 turned up and verified their signatures on the proposal. On 19.2.2000 two councillors, Smt. Narvadi Bai Choudhary and Smt. Madhuri Gupta were summoned but only Narvadi Bai Choudhary turned up whose signatures were verified. Madhuri Gupta could not appear as she was pregnant. After




















































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