( 1. ) BY filing this writ, the petitioner seeks to challenge the order, dated 12-10-2001 (Annexure P-6) passed by respondent No. 1, whereby petitioner has been disqualified for being chosen as a member of the Nagar Panchayat, Rajgarh for a period of five years. Facts relevant for the disposal of the writ which He in a narrow compass need mention in brief.

( 2. ) PETITIONER was elected as President of Nagar Panchayat, Rajgarh, District Dhar on 28-12-1999.

( 3. ) ON 24-4-2000, the State Election Commission (respondent No. 1) issued a show-cause notice (Annexure P-1) to petitioner inter alia saying therein that in terms of Section 32-B of M. P. Municipalities Act every contesting candidate at an election of President has to submit within 30 days with the officer notified by the State Election Commission an account of his election expenses. It was said that since petitioner failed to submit the accounts as per the requirement of Section 32-B hence, why an action of disqualification as contemplated under Section 32-C ibid be not taken against the petitioner. The petitioner was asked to reply. The petitioner then on 22-5-2000 (Annexures P-2 and P-3) not only submitted the accounts to the Returning Officer as per the requirement of Section 32-B ibid and also filed reply to the show cause, on 31-7-2000, the petitioner was asked to appear before the Returning Officer in support of his submissions. The petitioner accordingly appeared. However by impugned order, dated 12-10-2001 (Annexure P-6) the State Election Commissioner declared the petitioner to be disqualified for the post of President and accordingly, debarred him from contesting election for a period of 5 years. This is what is contained in the impugned order:-

"no. F-67-127-2000-III-1595.-- Whereas, the Madhya Pradesh State Election Commission is satisfied that the contesting candidates mentioned in column

(3) of the Table below at the General Election of President of the Nagar Panchayat in column (2), held in (Month) December, (Year) 1999, has failed to lodge an account of his Election Expenses as required by the Madhya Pradesh Municipalities Act, 1961 and the Election Expenses (Maintenance and Lodging of Account) Order, 1997 of the State Election Commission issued thereunder, as shown in column (4) of the said Table; And, whereas, after due notice, the explanation given by the said candidate for the delay in lodging the accounts of election expenditure has not been found by the Commission to be sufficient and satisfactory, and the Commission is satisfied that he has no good reason or justification for the said failure; Now, therefore, in pursuance of Section 32-C of the said Act, the State Election Commission hereby declares the person mentioned in column (3) of the Table below to be disqualified for being chosen as and for being a Member of the Nagar Panchayat mentioned in column (2) of the said Table for a period of 5 years from the date of this order. "

( 4. ) NOTICE was issued to respondents. Return has been filed. An attempt is made to support the impugned order contending inter alia that it confirms to the requirement of Section 32-B and 32-C of the Act.

( 5. ) HEARD Shri P. K. Saxena, learned Senior Counsel with Shri Rawka, learned Counsel for the petitioner and Shri S. Bhargava, learned Senior Counsel with Smt. R. Bhargava, learned Counsel for respondents.

( 6. ) WHILE attacking the legality of the impugned order, learned Counsel for the petitioner in the first instance contended that the order impugned suffers from vice of arbitrariness. In the second place, learned Counsel contended that it is based on no reasoning, nor is based on any application of mind. In the third place, it is contended that petitioner has admittedly made out a sufficient cause, which is in fact accepted by the Collector when the Collector by his letter, dated 28-8-2000 (Annexure R-4) actually recommended the case of petitioner by observing that the cause stated in reply by the petitioner is