Jain, J.--1. Being aggrieved by the order dated 11.2.2003 passed in writ petition No. 1491/02, appellant has filed this Letters Patent Appeal under Clause 10 of the Letters Patent.

2. A brief resume of the facts required to be stated for disposal of this appeal is thus:

3. Respondent No.1, Mahendra Kumar Saraf is the President of Municipal Council, Shahdol, having been elected on 28.12.1999. First meeting of the Municipal Council was held on 11.1.2000. Out of the 30 elected Councillors, 26 moved a proposal of recall of President under section 47 of the Municipalities Act (hereinafter referred to as the 'Act'). This proposal was presented before the Collector on 9.1.2002 by one of the Councillors, Rakesh Katare. The proposal was forwarded by the Collector to the State Government on the same day.

4. On the next day, i.e., on 10.1.2002, 12 Councillors filed affidavits before the Collector to the effect that they did not present the proposal of recall and that their signatures on the alleged proposal were obtained by misrepresentation on the pretext that the said proposal was to be submitted in the party office.

5. The State Government remitted the proposal to the Collector for proper