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2014 Supreme(MP) 737

A.M.KHANWILKAR, K.K.LAHOTI
Sachchidanand Sheketkar – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant : Sanjay Agrawal
For the Respondents:P. Dharamdhikari, Government Advocate, Manas Verma, Anoop Nair and K. Singh

Judgment:

1. Heard, counsel for the parties. As this petition raises short question, we deem it appropriate to take up the petition for final disposal forthwith, by consent.

2. Counsel for the respondents have waived notice for final disposal.

3. The principal challenge in this petition is to the appointment of respondent Nos. 3 to 8 as Aldermen by the Municipal Corporation, Jabalpur, in exercise of powers under section 9(1)(c) of the Madhya Pradesh Municipal Corporation Act, 1956 (for short "the Act of 1956").

4. The petitioner has asserted that none of these respondents possess special knowledge or experience in the Municipal administration and yet have been nominated by the State Government, which is against the spirit of section 9 of the Act of 1956.

5. The fact that the State Government did not ascertain, the factum of special knowledge or experience possessed by respondent Nos. 3 to 8 has been expressly admitted in para 5 of the reply affidavit dated 6-1-2014, filed on behalf of the State Government.

6. In other words, the decision of the State Government is without application of mind and de hors the mandate of section 9(1)(c) of the Act of 1956, which postulates that six persons




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