D.K.JAIN, M.S.A.SIDDIQUI, A.K.MATHUR
Indore Nagar Nigam Karamchari Congress – Appellant
Versus
State of M. P. – Respondent
Mathur, C.J. -- 1. All these batch of petitions mentioned in the schedule annexed herewith shall stand disposed of by this common opinion.
2. A reference has been made by the Chief Justice of this Court to this Full Bench to answer the question that whether the law laid down in the case of Dr. Vasant v. State of M.P. (1986 JLJ 115) is correct law or not. In Misc. Petition No. 180/89, it was prayed that section 58 (5) and (6) of the Madhya Pradesh Municipal Corporation Act, 1956, as amended by the Madhya Pradesh Municipal Corporation (Amendment) Act, 1982 (Act. No.5 of 1982) and the Madhya Pradesh Municipal Laws (Amendment) Act, 1988 (Act. No.7 of 1988) may be declared ultra-vires of Articles 14 and 16 of the Constitution of India.
3. The petitioner-Indore Nagar Nigam Karamchari Congress, a registered representative body, has challenged the validity of the aforesaid provisions that an employee of the Municipal Corporation cannot be transferred from one to another Municipal Corporation, therefore, a validity of the aforesaid provision of M.P. Municipal Corporation Act, 1956 (hereinafter referred to as the' Act') has been challanged.
4. In order to appreciate the controversy
1. Dr. Vasant v. State of M.P. = (1986 JLJ 115)
2. State of Madhya Pradesh v. Shankar Lal and others = (AIR 1980 SC 643)
3. Commanding-in-chief v. Subhash Chandra = (AIR 1988 SC 876)
4. Jawaharlal Nehru University v. K.S. Jawatkar and other = (AIR 1989 SC 1577)
5. D.K. Trivedi v. State of Gujrat = (AIR 1986 SC 1323)
6. Mehmood A lam Tariq v. State of Rajasthan = (AIR 1988 SC 1451)
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