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1974 Supreme(MP) 45

P.K.TARE, M.L.MALIK
RAM SHARAN BARI MUNICIPAL COUNCILLOR JABALPUR – Appellant
Versus
K L DUBE MAYOR MUNICIPAL CORPORATION JABALPUR – Respondent


Advocates Appeared:
GULAB GUPTA, O.P.NAMDEO, P.S.NAIR, R.S.DABIR, S.D.Mukerjee,

JUDGMENT :

( 1. ) THIS is a petition under Article 226 of the Constitution of india by a Councillor of the Municipal Corporation, Jabalpur, wherein the petitioner seeks to have set aside the order of the Mayor, namely, respondent no. 1, dated 15-3-1974, refusing to put before the House the petitioners resolution, dated 12-3-1974, censuring the first respondent, on the ground that there is no provision in the Madhya Pradesh Municipal Corporation Act, 1956, for moving a censure motion.

( 2. ) THE first respondent is a Mayor of the Jabalpur Municipal Corporation, while the second respondent, Shri Anilkumar Sharma, is the Deputy mayor. Ten Councillors of the Jabalpur Municipal Corporation on 2-3-1974 (Vide Petitioners Annexure -A) gave a notice of the censure motion to be moved against the Mayor and the Chairman of the Standing Committee. It may be relevant to reproduce the resolution, which is as follows : Translated in English, the resolution would read as follows :

"due to administrative slackness employees are dissatisfied, officers are dissatisfied, Councillors are dissatisfied and the general public is dissatisfied. But to this there is a lot of discontent and corruption has increa














































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