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2004 Supreme(MP) 848

RAJEEV GUPTA, S.L.JAIN, S.S.KEMKAR
State of M. P. – Appellant
Versus
Sushri Manorama Gour – Respondent


Advocates:
R.S. Jha, Deputy Advocate General for State;
V.S. Choudhary for respondent.

ORDER

Jain, J.--1. Being aggrieved by -the order dated 11.2.2003 passed in Writ Petition No. 5461/02, appellants have filed this Letters Patent appeal under clause 10 of the Letters Patent.

2. The facts leading to the filing of this appeal, tersely recited, are thus:

2.1. Respondent Smt. Manorama Gour is the elected Mayor of Municipal Corporation, Sagar, having been elected on 28.12.1999, Out of 48 elected Councillors, 38 moved a proposal of recall of Mayor under section 24 of Municipal Corporation Act (hereinafter referred to as 'the Act') and presented the same to the Divisional Commissioner, Sagar (hereinafter referred to as 'the Commissioner'), The Mayor took the objection before the Commissioner that some• of the signatures on the proposal were forged and signatures of some of the Councillors were obtained by misrepresentation. The plea of respondent did not find favour with the Commissioner and the Commissioner forwarded the proposal of recall to the State Government.

2.2. Respondent Mayor filed a writ petition before this Court for quashing the proposal of recall. It was alleged by the Mayor in the petition that affidavits of 48 Councillors were filed before the Commissioner but


































































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