IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA ON THE 20th OF JANUARY, 2026 WRIT PETITION No.34618 OF 2025 NEHA JAIN Versus THE STATE OF MADHYA PRADESH AND OTHERS ----------------------------------------------------------------------------------

Appearance:

Shri Anshuman Singh – Advocate with Shri Aditya Awasthi – Advocate for the petitioner.

Shri Swapnil Ganguly – Deputy Advocate General for the respondents/State.

Dr. Preeti Pathak Mishra – Advocate for the respondents No.4 and 6.

Shri Manikant Sharma – Advocate for the respondent No.5.

Shri Sanjay Ram Tamrakar – Senior Advocate with Shri Raman Choubey Advocate for the intervenor.

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ORDER

This petition has been filed assailing the order dated 25.08.2025 passed by the respondent No.2 under Section 41-A of the M.P. Municipalities Act, 1961, whereby the petitioner has been arbitrarily removed from the post of President.

2. It is the case of the petitioner that the petitioner is the duly elected President of the Municipal Council, Deori, District Sagar. She has consistently been committed to work for the welfare of the public and the betterment of the Municipal Council, Deori. Certain corporators of the municipality have persistently created obstructions in the functioning of the municipality with the intention of preventing her from discharging her duties. Such obstruction has been carried out in connivance with the respondent No.5, the sitting MLA of the Deori, Legislative Assembly. The Councillors went to draw a motion of no confidence against the petitioner. The Councillors have previously made attempt to harass the petitioner and obstruct the functioning of the Municipal Council. In pursuance to the no confidence motion moved by the Councillors an order dated 22.08.2024 was issued by the Additional Collector, District Sagar to all the Ward Councillors in accordance with Section 43-A of the M.P. Municipalities Act, 1961 and the meeting was proposed to be held on 04.09.2024 for voting on the motion of no confidence against the petitioner and in the meanwhile, an ordinance dated 27.08.2024 was issued by the Hon’ble Governor of the State of Madhya Pradesh whereby Section 43-A of the Municipalities Act, 1961 was amended, by which the minimum period for moving a motion of no confidence against the President after assuming office was extended from two years to three years. In pursuance to the amendment, the proposal sent for no confidence motion was recalled by the Additional Collector vide order dated 23.08.2024. One Sarita Jain who was Councillor of Ward No.11 approached this Court challenging the validity of the order dated 23.08.2024 in Writ Petition No.26077/2024 and vide order dated 09.09.2024, the petition was dismissed in the light of the order passed in Writ Petition No.25382/2024 decided on 06.09.2024 in which the issue has already been resolved. It was held by the Court that the ordinance dated 27.08.2024 has retrospective effect. Thereafter, the petitioner continued to work on the post of President of the Council. The respondent No.4 issued notices for the special sessions of President-in- Council on 11.03.2024, 15.03.2024, 13.09.2024 and 21.11.2024 but the Councillors continuously refrained from accepting the notice of President-in-Council and tried to hinder the work of the Municipality. The letter dated 19.09.2024 issued by the respondent No.3 to the petitioner points out that five out of seven Councillors have refused to accept the position in PIC. This goes to show that they unnecessarily want to harass the petitioner. The Councillors refused to cooperate in the functioning of the Council as well as the General Body. Being aggrieved by the misconduct and non cooperation of the Council, the petitioner made a representation to the respondent No.3 pointing out misconduct and malicious act of the Councillors and made a special request to remove the Counc