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1978 Supreme(MP) 187

K.K.DUBE, H.G.MISHRA
BAIJNATH CHHABIRAM – Appellant
Versus
GOVERNMENT OF M P – Respondent


Advocates Appeared:
A.B.MISHRA, Swamisaran,

JUDGMENT :

( 1. ) THIS petition is directed against the determination of the number of seats reserved for Scheduled Castes in the Municipal Council, mehgaon, constituted under the provisions of M. P. Municipalities Act, 1961. The petition is at the instance of an elector and also seeks to challenge the election of Municipal Councillors held on 4-12-1974 on the ground that wrong determination of the number of seats reserved for Scheduled Castes in the council has resulted in a Constitution of the Council which was not according to law and thus vitiating the election as a whole.

( 2. ) BEFORE the last election, the Municipality of Mehgaon was divided into 5 wards for election of its 5 Councillors. There were no reserved seats for Scheduled Castes. Under section 29 of the Madhya Pradesh Municipalities act, the State Government is enjoined from time to time generally or specially in respect of each Municipality by notification to determine the number of elected and selected Councillors. After fixing the number of councillors, the Municipality is divided into wards with definite territorial limits. Then the number of Councillors to be elected from each ward is fixed. Under sub-clause (iii











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