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1954 Supreme(Nagpur) 15

SINHA, HIDAYATULLAH
RAMBHAROSELAL GAHOI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
B L Gupta, K G Chendke, M N Phadke, T P Naik, Advocates

JUDGMENT

1. The petitioner Shri Rambharoselal Gahci has filed this petition requesting that a writ of 'mandamus' be issued against the Government of Madhya Pradesh to accept the resignation of the second respondent, Shri Radheshyam Khare, under S. 13-A, C. P. and Berar Municipalities Act. He also seeks a writ of 'quo warranto' against the second respondent prohibiting him from holding office as president of the Municipal Committee, Dhamtari, which is also joined to these proceedings as respondent. No. 3.

2. The petitioner is a member of the Municipal Committee, Dhamtari. which consists of 17 members. On 25-5-1903 at 10-15 a.m. the petitioner gave a notice in writing to the president under S. 18-A, C. P. and Berar Municipalities Act, 1922, intimating that he wished to move a motion of no-confidence against the president. On 28-5-1953 the president circulated a notice and called a meeting on 30-5-1953 to consider the motion. On that day the meeting was held at about 8-30 p. m. and the resolution expressing no-confidence in the president was carried by 11 votes to 4, two members remaining neutral.

3. As a result of this vote, the president.submitted his resignation to the State Governmen



















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