R.S.Jha, J.

( 1. ) The petitioner has filed this petition assailing the proceedings for no confidence held against him on 22.1.2009 whereby the Municipal Council, Waraseoni has passed a resolution expressing no confidence against the petitioner, who at the relevant time was working as Vice President of Muncipal Council, Waraseoni, by a vote of 13:1.

( 2. ) The brief facts, leading to the filing of the present petition, are that the petitioner was initially elected as a Councillor from Ward No. 10 in Municipal Council, Waraseoni. He was subsequently elected as Vice President by the Councillors in a special meeting held for that purpose on 25.11.2004. On 26.12.2008 eleven ward members signed and forwarded an application under section 43 A of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act), moving a motion of no confidence against the petitioner. The competent authority forwarded the same to the Collector who on 9.1.2009 directed convening of a meeting of no confidence on 22.1.2009 and issued notices for that purpose with a further direction to serve notices on all the Councillors within the stipulated period. ( 3. ) It is an undisputed fact that notices were served to all the Councillors including the petitioner between 13 1.2009 and 15.1.2009. It is also an undisputed fact that all the Councillors including the petitioner participated in the no confidence proceedings that was held on 22.1.2009. In accordance with the directions issued by the Collector, Balaghat the meeting was presided over by the Sub Divisional Officer and on that date 13 out of the 14 Councillors present voted against the petitioner as a result of which and in accordance with the provisions of Section 43 A of the Act, the petitioner stood removed from the post of Vice President and the said post was declared vacant. It is also an undisputed fact that the petitioner, as on date, is continuing to work as a Councillor and that subsequently on 8.6.2009 one Ramesh Devhare has been elected as Vice President of the Municipal Council, Waraseoni.

( 4. ) The learned counsel for the petitioner has assailed the impugned motion of no confidence on the ground that the petitioner was not given 10 clear days notice as required by the provisions of section 43A(2) of the Act as the notice of the meeting was served upon him on 15.1.2009. The second contention of the learned counsel for the petitioner is that on account of delayed service of notice, the petitioner was prejudiced from defending the motion and, therefore, the entire motion for no confidence deserves to be quashed and set aside being contrary to the provisions of law.

( 5. ) To properly appreciate the submission of the learned counsel for the petitioner, it is apposite to consider the provisions of Section 43(A) of the Act, which reads as follows:-

"43A. No-confidence motion against Vice-President.- (1) a motion of no confidence may be moved against the Vice-President by any elected Councillor at a meeting specially convened for the purpose under sub-section (2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total number of elected Councillors constituting the Council, the office of the Vice- President, shall be deemed to have become vacant forthwith a copy of such motion shall be sent by the Chief Municipal Officer to the Collector forthwith for filling up the vacancy: Provided that no such resolution shall lie against the Vice-President within a period of -

(i) two years from the date on which the Vice- President enters upon his office; (ii) one year from the date on which the previous motion of no-confidence was rejected. (2) For the purpose of sub-section (1), a meeting of the Council shall be convened and presided over by the Collector or a Class I Officer in case of a Municipal Council and a Class II officer in case of Nagar Panchayat as nominated by him, in