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2007 Supreme(MP) 1160

SHANTANU KEMKAR
Anil Kumar Jain – Appellant
Versus
State of M. P. – Respondent


Advocates:
Rohit Arya with Anubhav Jain for petitioner; T.S. Ruprah, Additional Advocate General for respondents No.1 and 2.

ORDER

Heard learned senior counsel for the petitioner on the question of admission.

1. The petitioner contested and succeeded in the election held in the year 2005 for the post of President Municipal Council Deori District Sagar. On 6.8.2007 out of total 15 Councillors 13 Councillors of the said Municipal Council submitted a proposal before the Collector, Sagar for recalling of the petitioner from his office as President of the Municipal Council. The Collector after satisfying himself and verifying that the three fourth of the Councillors of the Municipal Council have signed the proposal of recall of the petitioner sent the said proposal on 8/9.8.2007 to the State Government for further action.

2. Thereafter, before the third respondent State Election Commission could declare the electiol1; two Councillors out of the said 13 Councillors submitted another affidavits before the Collector on 30.8.2007 and 31.8.2007 respectively stating therein that the earlier affidavits seeking recall of the petitioner were submitted under political pressure and compulsion and as such the same be treated incorrect and be treated as cancelled. Thereafter, again on 1.9.2007 the said two Councillors submi








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