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2021 Supreme(MP) 803

MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
BALRAM MALVIYA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : Shreyas Dharmadhikari
For Respondent: Pushpendra Yadav

ORDER VIJAY KUMAR SHUKLA, J. – The instant petition has been preferred under Article 226 of the Constitution of India, seeking a direction to the respondents No. 1 and 2, to conduct election of the Municipal Council, Sanchi District Raisen, as per notification published in the M.P. Gazette on 21-10-2014. The petitioner is also seeking a direction that the notification dated 11-12-2020 be made effective from the election to be held in year 2026.

2. The petitioner is an Ex-President of the Municipal Council, Sanchi and he served as President of the Municipal Council from the year 2008 to 2013 for a period of five years. Municipal Council, Sanchi was established in the year 1998 and ever since the same has been reserved for the Scheduled Caste (SC), quoted as per the Rules called Madhya Pradesh Municipalities (Reservation of the Office of Mayor and President) Rules, 1999 [hereafter referred to as “the Rules 1999”].

3. The contention of the petitioner is that the last election of the Municipal Council was held in the year 2013 on the basis of notification issued under Rules 1999. In the said election the post of the President of Municipal Council, Sanchi was reserved for SC (female). T

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