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1999 DIGILAW 520 (MP)

Anand Singh v. State of M. P.

1999-07-28

D.P.S.CHAUHAN

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JUDGMENT Petitioner Smt. Anand Singh was the President of Municipal Council Maihar. She was elected as the President from General Category. She was removed by the State Government in exercise of the power under section 41-A of the M.P. Municipalities Act. 1961 (for brevity, hereinafter referred to as "the Act') vide order dated 3.6.99, which is Annexure P-13 to the petition. Another order dated 8.6.99. Annexure P-14 to the petition, was passed by the Collector Satna, whereby for day-to-day working till further arrangement is made, the Vice-President was handed over the charge. Heard the learned counsel for the petitioner. Learned counsel for the petitioner made two-fold submissions. Firstly, that the order dated 8.6.99, Annexure P-14 to the petition, is in violation of section 37 of the Act which requires that for the office of the President, the President shall be nominated from the elected Councillers belonging to such reserved category, and secondly, the impugned order of removal of the petitioner was not passed after giving opportunity of hearing to the petitioner and the same was in violation of principle of natural justice. So far as the first submission is concerned, the same has no substance. Section 37 of the Act is as extracted below : "37. Filling of Casual Vacancies -- (1) As soon as the office o( a President, or a seat of Councillor elected from ward, becomes vacant, or is declared vacant, or the election of President or the Councillor, as the case may be, is declared void, the State Government shall forthwith inform the State Election Commission for filling up the vacancy and the person so elected shall hold office of President or Councillor, as the case may be, only for the remaining period of the Council : Provided that if the remaining period of the Council is less than six months, such vacancy shall not be filled in. (2) Until the vacancy in the office of President is filled in under sub-section (1), all the powers and duties of the President shall be performed by such elected Councillor as the State Government may nominate in this behalf : Provided that if the office of President is reserved under section 29-B the President shall be nominated from the elected Councillers belonging to such reserved category." Proviso to sub-section (2) of section 37 of the Act is not attracted in the present case as the office of the President was not the office reserved under section 20-B for persons belonging to the women category or Schedule Castes or Scheduled Tribes or Others Backward Classes. No order nominating the President from amongst the Councillers has been passed by the State Government as required under section 37 of the Act. The order dated 8.6.99 is passed by the Collector by way of interim arrangement. The second submission, as advanced by the learned counsel for the petitioner, is that the impugned order relating to the removal of the petitioner dated 3.6.99. Annexure P-13 to the petition, by which the order is communicated, is passed in violation of the principle of natural justice. So far as this part of the submission is concerned, I do not consider it appropriate to express any opinion at this stage as the petitioner has got the remedy available to her under section 332 of the Act which she may avail as she may be advised. In view of above, without expressing any opinion on the merit. of the order relating to the removal of the petitioner from the office of the President of Municipal Council Maihar, this petition is dismissed.