The court held that amendments to procedural law generally apply retroactively, and the right to contest elections is purely statutory, not fundamental.

ORDER :

Gurpal Singh Ahluwalia, J.

This Petition under Article 226 of Constitution of India has been filed seeking the following relief (s) :

(i) Pass an appropriate Writ, Order or Direction in the nature of certiorari, or any similar Writ setting aside the impugned order dated 23.08.2024 passed by Respondent No.4, in the light of Policy decision dated 20.08.2024 of the cabinet and order dated 23.08.2024 passed by the Collector, District - Sagar in a similar case. AND/OR (ii) Pass an appropriate Writ, Order or Direction in the nature of Mandamus, or any similar Writ directing the Respondent no.3 to pass appropriate in accordance with the policy decision dated 20.08.2024 of the cabinet and order dated 23.08.2024 passed by the Collector, District - Sagar in a similar case.

(iii) Pass any other writ or direction as the Hon'ble Court may deem fit, in favor of the Petitioner.

2. It is submitted by Counsel for Petitioner that during the pendency of the writ petition, an ordinance has been promulgated by the State Govt., thereby amending Section 42-A(1)(a) and in the opening paragraph, for the words "two thirds", the words "three fourths" have been substituted and (b) in clause (i) of the proviso, for the words "two years", the words "three years" have been substituted.

3. It is submitted that Petitioner is holding the Post of President, Municipal Council, Damoh from 5-8-2022. It appears that after the completion of tenure of two years, a no confidence motion was moved and accordingly, by order dated 23-8-2024, the Collector, Damoh authorized the Add. Collector, Damoh. Accordingly, the Add. Collector, Damoh convened the meeting to consider the no confidence motion on 4- 9-2024. It is submitted by Counsel for Petitioner, that in view of The Madhya Pradesh Municipalities (Second Amendment) Ordinance, 2024, no confidence motion cannot be considered as clause (i) of proviso to Section 43 -A(1) of M.P. Municipalities Act has now been amended and the words "two years" have been substituted by words "three years". It is submitted that the aforesaid ordinance is Retrospective in operation or in alternative it is Retroactive in operation, but it is not Prospective in operation. It is further submitted that in various other Districts, where no confidence motion was moved against the sitting President, the Collectors have dropped the proceedings by treating the Ordinance as Retrospective in nature, therefore it is clear that the Petitioner is also entitled for the same treatment. To buttress his contentions, the Counsel for Petitioner has relied upon the Judgments passed by Supreme Court in the case of Ramesh Kumar Soni Vs. State of M.P. reported in (2013) 14 SCC 696 , SEBI Vs. Classic Credit Ltd. reported in (2018) 13 SCC 1 , T. Kaliamurthi and another Vs. Five Gori Thaikkal Wakf and others reported in (2008) 9 SCC 306 , SEBI Vs. Rajkumar Nagpal and others reported in (2023) 8 SCC 274 , Shyabuddinsab Mohidinsab Akki Vs. Gadag-Betgeri Municipal Borough and others reported in 1955 SCC OnLine SC 25, Hitendra Vishnu Thakur and others Vs. State of Maharashtra and others reported in (1994) 4 SCC 602 , Videocon International Ltd. Vs. SEBI reported in (2015) 4 SCC 33 , Shanti C