Text Practice Mode


created Sep 13th, 14:36 by Azhar Qureshi



411 words
19 completed
The present petition was filed on 23.06.2021, however, subsequently when the President was appointed by the respondent vide order dated 28.06.2021 (Annexure P/10), the petition has also been amended, assailing the aforesaid order, whereby Smt. Manjula Rakesh Patidar, Councillor of Ward No.4 has been nominated as the President of the Municipality till the next order, or till the elections are held. Shri Veer Kumar Jain, learned Senior Counsel assisted by Shri Akshat Pahadia has assailed the order dated 28.06.2021 (Annexure P/10) of appointment/ nomination of the President on the ground that it has been passed in violation of Section 29-B (4) as also Section 37(2) of the Madhya Pradesh Municipalities Act, 1961 (herein after referred to as the 'Act of 1961'). Learned Senior Counsel has submitted that the respondents have failed to see that it is not a case of election of the President, but a case of nomination only; and despite the fact that Smt. Manjula Rakesh, WP No.19605/2021 Patidar (Councillor from Ward No.4), who has been nominated as the President of the Municipality Anjad, District Barwani (MP) as also the petitioner No.2 Smt. Pushpa w/o Sanjay Parmar, Councillor, Ward No.3 both belong to the Other Backward Classes (OBC), but still, since petitioner No.2 has contested the elections from a seat reserved for women only, whereas Smt. Manjula Rakesh Patidar has contested the elections from a seat not reserved for women, preference ought to have been given to petitioner No.2 which would also be in line with the provisions of Section 29-B (4) and proviso to Section 37 of the Act of 1961. Learned Counsel has also drawn the attention of this Court to a letter dated 04.05.2021 (Annexure P/6) issued by the Collector, Barwani (MP) informing the Principal Secretary of the State of Madhya Pradesh, Urban Development & Housing Department, Bhopal, saying that as a vacancy has arisen on account of death of President of the Municipal Council, Anjad, District Barwani (MP), which has to be filled in, as per Section 37(2) of the Act of 1961; and since as per the gazette notification dated 21.10.2014 (Annexure P/1), the President's post is reserved for woman for Municipal Council, Anjad; and as per gazette notification dated 12.05.2017 (Annexure P/2), the Councillors who were elected for Municipal Council, Anjad, for the seats reserved for 'women' were at Ward No.3 and Ward No.7; and since the Councillor of Ward No.7 has already died, appropriate orders may be passed.

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