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1960 Supreme(MP) 38
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
T.P. NAIK, S.B. SEN JJ.
Ambika Charan
Vs.
Collector, Durg
M.P. No. 160 of 1959
Decided On: 29.01.1960
For Appellant/Petitioner/Plaintiff: R.K. Pandey
For Respondents/Defendant:K.U. Rama Gupta, Dy. Govt. Advocate
The Chairmen of the Standing Committees of a Janapada Sabha are entitled to vote at the election of the Chairman of the Sabha, as they are deemed to be councillors under Section 23(3) of the Madhya Pradesh Local Government Act, 1948.
Headnote:
QUO WARRANTO - ELECTION OF CHAIRMAN OF JANAPADA SABHA - RIGHT OF CHAIRMEN OF STANDING COMMITTEES TO VOTE - MADHYA PRADESH LOCAL GOVERNMENT ACT, 1948 (2 OF 1949), SECTIONS 14, 20, 23(3), 182(2)(III), 182(2)(IX).
Fact of the Case:
A petition was filed under Article 226 of the Constitution of India for a writ or direction in the nature of quo warranto against the elected Chairman of the Janapada Sabha, Bemetara, challenging his election on the ground that the Chairmen of the Standing Committees of the Sabha were not entitled to vote at the election of the Chairman.
Finding of the Court:
The court held that the Chairmen of the Standing Committees of the Sabha were entitled to vote at the election of the Chairman of the Sabha, as they were deemed to be councillors under Section 23(3) of the Madhya Pradesh Local Government Act, 1948.
Issues: Whether the Chairmen of the Standing Committees of the Sabha had the right to vote at the election of the Chairman of the Sabha.
Ratio Decidendi: The court relied on the provisions of Section 23(3) of the Madhya Pradesh Local Government Act, 1948, which provides that a Chairman of a Standing Committee shall be deemed to be a councillor for all purposes of the Act. The court also referred to its earlier decisions in Miscellaneous Petition No. 568 of 1956 and Civil Revision No. 261 of 1957, where it had held that the Chairmen of the Standing Committees of a Janapada Sabha were entitled to participate in the election of the Chairman or Deputy Chairman of the Sabha.
Final Decision: The petition was dismissed with costs.
T.P. Naik, J.
1. This is a petition under Article 226 of the Constitution of India for a writ or direction in the nature of quo warranto against Laxman Prasad Tiwari (respodent No. 4) requiring him to show cause how he claims to be the elected Chairman of the Janapada Sabha, Bemetara.
2. The facts, which are not in dispute, may shortly be stated as follows. At the relevant time, the Janapada Sabha, as Bemetara, consisted of 27 elected members and five Chairmen of the standing committees. The Chief Executive Officer, Janpada Sabha, Bemetara, (respondent No. 2), on 7th March 1959, convened a meeting of the Sabha for the purpose of electing a new Chairman to fill in the casual vacancy of the Chairman caused by the resignation of the previous Chairman. Notices of the aforesaid meeting were issued to the 27 elected councillors, of whom only 25 attended the meeting. The five Chairmen of the Standing Committees of the Sabha, who had not been noticed for the meeting, also attended the meeting and claimed to exercise their right of vote at the election of the, Chairman on the ground that they were deemed to be councillors under Section 23 (3) of the Madhya Pradesh Local Government Act, 1948 (hereinafter referred to as 'the Act') The Deputy Chairman of the Sabha, who was presiding over the meeting, ruled in their favour, and consequently they were allowed to vote at the election of the Chairman. In the election, which followed, Laxman Prasad Tiwari (respondent No. 4) was elected the Chairman; while the petitioner Ambika Charan Choubey was declared to have been unsuccessful.
3. The petitioners claim that the five Chairmen of the standing Committees of the Sabha had no right to take part in the election of the Chairman of the Sabha; and in so far as they were permitted to vote at the said election the election of the Chairman was vitiated.
4. The only question, therefore, is whether the Chairman of the Standing Committees were entitled to vote at the election of the Chairman of the Sabha held on 7-3-1959.
5. Under Section 14 of the Act, any casual vacancy occurring in the office of Chairman shall be filled in the manner prescribed under Section 20 Section 20 then provides that every election of the Chairman of a Sabha shall be made in accordance with the rules made under Section 182 of the Act. The rules made under Section 182 (2) (iii) and (ix) provide that in a casual vacancy occurring in the office of the Chairman of a Sabha, the Chief Executive Officer, shall forthwith report the fact to the Deputy Commissioner who shall take necessary action for the election of a fresh Chairman in the same manner and under the same conditions as in the case of the original election. The rules framed for the purpose of the original election of the Chairman under Section 182 (2) (ix), which are printed at page 189 of the Janapada Manual, provide that the Deputy Commissioner shall-fix a date for the first meeting of a Sabha and intimate the same to the Chief Executive Officer as soon as possible after the notification under Section 20 of the election, selection and appointment, if any, of the councillors of the Sabha; and on receipt of such intimation, the Chief Executive Officer shall convene a meeting of all the newly elected and selected councillors and appointed councillors. If any, for the purpose of electing the Chairman of the Sabha and shall give at least ten days notice of such meeting to each councillor concerned. It is further provided that half the number of the councillors shall form a quorum and the councillors present at the meeting shall elect the Chairman for the meeting.
6. The contention of the learned counsel for the petitioners is that just as in the case of the original election of the Chairman of a Sabha only the newly elected and selected councillors and appointed councillors, if any, have to be noticed and have the right to elect the Chairman, so also in the case of a casual vacascy caused in the office of the Chairman, only such
