Judgment:

1. Heard on I.A. No. 12853/2013, which is an application for amendment of the petition. By the proposed amendment, the petitioner inter alia has mainly prayed that Section 172(c) of the Madhya Pradesh Municipalities Act, 1961 (in short, "the Act") be declared ultra vires the Constitution of India. For better understanding of the provision, we deem it proper to reproduce the complete Section 172. It reads as under:--

“172. Appeal to Civil Judge.--(1) Appeals, against any claim included in a bill presented in accordance with the provisions of this Act, or the rules made thereunder, be made to the Civil Judge, Class I, having jurisdiction over the Municipal area and if there be no Civil Judge, Class I, at the headquarters of the Municipality the Civil Judge, Class II having jurisdiction at such headquarters if there be no such Civil Judge, Class II at the headquarters to the Civil Judge, Class II having jurisdiction and in case of more than one such Civil Judges at the headquarters having jurisdiction, as the case may be, to such one of them as the District Judge may specify.

(2) No such appeal shall be heard and determined unless--

(a) the appeal is brought within 15 days next