Judgment · High Court

Mr. Akash Sharma, learned counsel for the petitioner. The petitioner before this Court, who is Chairman of Nagar Palika, Mahidpur, Distt. Ujjain, has filed this present writ petition being aggrieved by the resolution passed by the Municipal Council, Mahidpur dt. 13/8/12 wherein certain issues of vital public importance has been discussed and resolutions have been passed. The petitioner's grievance is that the meeting which took place on 13/8/12 was held in contravention with the provisions of the M.P. Municipalities Act, 1961 and therefore the resolution passed by the council is bad in law. This Court has carefully gone through the resolution passed by the Municipal Council and the same reflects that majority of the corporators were present and it was the Chairman who left the meeting mid way while it was going on, as reflected vide (Annexure P/5) page 15. not --- 2 --- only this, the MP Municipalities Act, 1961 provides for a remedy of preferring an appeal / revision in case of an order passed by the Municipal Council and therefore as the alternative remedy is available to the petitioner under the Act of 1961, no case for interference is made out in the present writ petition. The admission is accordingly declined. However, the petitioner shall be at a liberty to take appropriate steps in accordance with law. KR (S. C. SHARMA) J U D G E