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1976 Supreme(MP) 58

S.M.N.RAINA, G.P.SINGH
MUKUTDHARISHARMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
GULAB GUPTA, M.V.TAMSKAR,

JUDGMENT :

( 1. ) TWO principal questions arise for decision in this petition under article 226 of the Constitution: (1) Whether the President of a Municipal council constituted under the Madhya Pradesh Municipalities Act, 1961, continues in office after the Council stands dissolved by efflux of time; and (2) whether the Government is bound to hold elections within a reasonable time from the date of dissolution of a Council.

( 2. ) THE facts giving rise to this petition are that elections to the Municipal Council, Umaria, were held in May 1969. The petitioner, Mukutdhari sharma, was elected as President to the Council on 22nd May 1969. The term of the President expired after two years on 21st May 1971; but as no election to fill up the vacancy was held, the petitioner continued as President. Four years, which is the normal term of a Council, expired on 21st May 1973. By a notification published in the Gazette dated 19th September 1973, the term of the Council was extended from 21st May 1973 to 22nd September 1973. The council stood dissolved on 23rd September 1973. By another notification dated 22nd September 1973, the State Government passed an order under section 328 (6) of the Act


















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