Khanwilkar, C.J. -- 1. This petition originally filed at Gwalior Bench (numbered as Writ Petition No.929/2015), has been placed before us pursuant to the order passed by the learned Single Judge dated 14.8.2015. The learned Single Judge has referred the matter by framing following question :

“Whether the Division Bench decision in the case of Awadh Behari Pandey v. State of Madhya Pradesh and others, reported in 1969 JLJ 144=1968 MPLJ 638, was correct to the extent of holding the provision of section 56(3) of M.P. Municipalities Act 1961 as mandatory to the extent of vitiating the duly held elections to the office of Vice-President despite the petitioner not only participating but also contesting the election without demur.”

2. The relevant facts for considering the above said question are as follows: That the general elections to the Municipality Council Chanderi, District Ashoknagar was concluded by issuance of notification under section 45 of Madhya Pradesh Municipalities Act 1961 (hereinafter referred to as the Act), declaring the names of elected Councillors and President. After election the State Government directed the Collector to ensure convening of the first meeti