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2002 Supreme(MP) 511

RAJENDRA MENON
Gaya Prasad Modi – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
JITENDRA MAHESVARI, K.N.Gupta,

Judgment

( 1. ) THE petitioner President of Nagar Panchayat, Bhitarwar, District Gwalior, has called in question the proceedings initiated for his recall under Section 47 of the M. P. Municipalities Act, 1961. According to the petitioner he was elected as President of Nagar Panchayat and notification in this regard was issued on 23rd January, 2002. On 7-1-2002 vide Annexure P-4 certain councillors moved an application to the Collector under the provision of Section 47 of the M. P. Municipalities Act, 1961 asking for recall of the petitioner. It is the case of the petitioner that Collector without following the procedure contemplated under Section 47 and in cross violation there of made a proposal to the State Government for initiating action for recall, the State Government forwarded the same to the State Election Commission and the Commission has notified election for recall of the petitioner which is to be held on 6th May, 2002. The prayer made in the petition is that entire action be quashed, as the same is in violation of the statutory provisions, rules and therefore cannot be sustained. The respondents have refuted the contention made by the petitioner. The respondents have sub










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