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2015 Supreme(MP) 807

SHEEL NAGU
Farook Mohammad – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Nirankari for petitioner;
R.P. Rathi, Government Advocate for respondents/State.

ORDER

1. By this petition under Article 226 of the Constitution of India challenge is made to the notice Annexure P-1 for convening the first meeting under section 55 of the Municipalities Act 1961 (‘1961 Act’ for brevity), for holding elections to the Office of Vice-President and two members of Appeal Committee, on the ground that the same is in violation of the mandatory provision under section 55 r/w section 56(3) of the 1961 Act r/w rule 3(3) of the M.P. Municipalities (Election of Vice-President) Rules, 1998 (1998 Rules for brevity), in as much as the said notice has not been dispatched seven clear days before the date of meeting.

2. Learned counsel for the rival parties are heard.

3. The foundational factual matrix attending the instant case detailed in a chronological manner is as follows :

S.No.

Dates

Events

1.

14.12.2014

The General Elections to the Municipality Council Chanderi District Ashoknagar

2.

22.12.2014

(Annexure P-3)

Notification declaring the President and Counselors of the Council declared by publication in the

















































































































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