( 1. ) THE present appeal has been preferred under Section 2 (1) of m. P. Uchha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 against the judgment dtd. 12/12/2006 passed by the learned Single Judge in W. P. No. 5319/ 2004. The present appellant filed a petition praying for a writ of Quo-warranto against the respondent no. 3, who was elected on the office of Mayor of the municipal Corporation, Bhopal, on the ground that the respondent no. 3 is disqualified to hold the post of Mayor, therefore, respondent no. 3 be asked to vacate the office of the Mayor.

( 2. ) THE present appellant is a voter of Ward No. 39 Chandbad Ward, Municipal corporation, Bhopal. The respondent no. 3 earlier was elected as a Councillor of municipal Corporation, Bhopal and thereafter was elected as the Chairman of the municipal Council, Bhopal. While the respondent no. 3 was holding the office of chairman, the State Govt. issued a show cause notice to him u/s 19-B of the M. P. Municipal Corporation Act, 1956 (for brevity "act" ). The respondent no. 3 filed his reply to the said show cause notice and thereafter the State Govt. passed an order on 17th March 2004 (Annexure-P-3) removing him from the offi