The main legal point established in the judgment is that Section 41-A of the M.P. Municipalities Act, 1961 cannot be used to question the election itself, and the prescribed legal procedures for challenging elections must be followed.

N.K. Jain, J.

1. Petitioner-Sitabai by this petition has called in question the order dated 24-1-2000 passed by the State Government, Department of "Nagariya Prashasan & Vikas", Bhopal, removing the petitioner from the office of the President, Nagar Panchayat (Municipality), Badnawar.

2. The impugned order (Annexure P-17) is made by taking recourse to Section 41-A of the M.P. Municipalities Act, 1961 (for short, 'the Act'). The office of the President, Nagar Panchayat, Badnawar was reserved for a woman belonging to Scheduled Tribe. Admittedly, the petitioner is a Scheduled Tribe woman, resident of Ward No. 6 of Badnawar town. After the elections for the said office, petitioner-Sitabai was declared elected by the Returning Officer vide certificate dated 28-12-1999 (Annexure P-9). However, before she could assume charge of the office a complaint was made by Koksingh - the Intervener herein that election to the said office has been contested not by petitioner- Sitabai but one by Nirmalabai who filed, nomination for the election impersonating herself as Sitabai. On the said complaint which was addressed to the Collector, Dhar, an enquiry was ordered by the Collector. The S.D.M., Badnawar got the matter inquired by a three member team which on an enquiry found that the complaint was correct. The SDM forwarded the Enquiry Report (Annexure R-1) to the Collector, Dhar, who in turn submitted the same to the State Government. The State Government thereupon issued show-cause notice (Annexure P-12) in terms of the proviso to sub-section (2) of Section 41-A calling upon the petitioner to show-cause as to why she could not be removed from the office of the President. Petitioner filed replies (Annexures P-14 to P-16) to the said show-cause notice and it was, inter alia, contended that no action for her removal on the aforesaid ground could be taken by taking recourse to Section 41-A of the Act. It was pointed out that said Koksingh has already filed election petition challenging the election of the petitioner. However, the Government vide impugned order dated 24-1-2000 (Anncxure P-17) directed for removal of petitioner from the Office of the President, Nagar Panchayat, Badnawar. It was held that her continuance in the said office is not desirable in public interest or in the interest of the Council.

3. I have heard Shri Anil Trivedi, learned counsel for the petitioner, Shri S. Mukati, learned G.A. for respondents and Shri S.N. Sharma, learned counsel for the Intervencr.

4. The petitioner has assailed the impugned order mainly on the ground that it is without jurisdiction. It was contended that petitioner's election to the said office of President could be called in question only by filing election petition as envisaged under Section 20 of the Act. Recourse to Section 41-A in the matter was wholly unwarranted rather barred in law.

As against it, the learned Government Advocate and Shri Saxena, learned counsel appearing for the Intervener have supported the impugned order and contended that the Government was fully justified in removing the petitioner by taking recourse to Section 41 -A of the Act.

5. A new Chapter IX-A under the heading "The Municipalities" was inserted in the Indian Constitution by 74lh amendment providing for establishment of municipalities in the Urban areas. This part also provided for election to various offices of these Municipalities. Article 243ZG placed an express bar to interference by Courts in election matters and clause (b) of this Article provided that no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. The State Legislature as amended the existing M.P. Municipalities Act, 1961 to bring it in tune with the provisions of Part-IX-A of the Constitution. Section 20 of the Act provides for election petitions for challenging the elections to various offices of