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ANAND PATHAK
Geeta Suresh Chaudhari – Appellant
Versus
State of M. P. – Respondent
1. With consent, heard finally.
2. The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner, who is the elected president of the Municipal Council, Sabalgarh District Morena and is being crestfallen by the action of the respondents in as much as, respondent No.2 has referred the matter to the State Government on 28.3.2017 under section 47 of the Municipalities Act, 1961 (hereinafter referred as the “Act of 1961”) for recall of the petitioner on the ground that more than 3/4 of the total Councillors have moved a motion of recall against the present petitioner.
3. Precisely stated facts of the case are that petitioner contested the election on the post of president of Municipal Council, Sabalgarh (hereinafter referred as “Council”) and got elected and her election was notified vide notification dated 31.12.2014. Municipal Council consist of 18 Councillors in total. It appears that some of the Councillors of municipalities were engaged in some alleged illegal activities and, therefore, proceedings under section 41 of the Act of 1961 has been initiated. Copy of proceedings under section 41 of the Act of 1961 are placed as (Annex
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