Shyama @ Shyamlal Ahirwar vs State Of Madhya Pradesh And Others

Anand Pathak, J

The instant Writ Appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal), Adhiniyam, 2005 is filed being crestfallen by the order dated 09/09/2025 passed in W.P. No.34338/2025 by the learned Writ Court whereby interim relief sought by the petitioner is impliedly declined and matter is placed on 23/09/2025.

It is the submission of learned counsel for the appellant that at present appellant is working as President, Municipal Council Madhusudangarh, District-Guna. No Confidence Motion is being moved against the appellant by some of the corporators of the Municipal Council on 11/08/2025. The same is under challenge in W.P. No.34338/2025.

3 . Learned counsel for the appellant referred the circular dated 16/09/2025 passed by the State Government, Urban Administration and Development Authority, Bhopal, which contains amendment in the M.P. Municipalities Act, 1961, in which Section 43-A has been amended and word "President" has been omitted from the said section. In other words, president cannot be removed by way of No Confidence Motion. The president has to be recalled through procedure prescribed under Section 47 of the Act, 1961, therefore, according to counsel for the appellant, now with the effect of this circular, No Confidence Motion cannot be initiated against any president. Therefore, proceedings initiated by the Corporators against the appellant is void ab initio.

When learned counsel for the respondents/State referred the fact that this fact can be brought before the Writ Court itself then, learned counsel for the appellant seeks withdrawal of this appeal seeking liberty to approach before the learned Writ Court with an appropriate application bringing additional facts which are material for just decision of the case.

Prayer allowed.

Accordingly, this appeal is dismissed as disposed of with liberty to the appellant to approach before the learned Writ Court and bring additional facts, which are material for just and proper adjudication of the case, so that the Writ Court can proceed in accordance with law keeping in view the circular dated 16/09/2025 and contents contained therein at an expeditious note and matter can be decided at the earliest.

7 . It is requested from the learned Writ Court to proceed with the matter at an expeditious note as referred above.

Let matter be placed before the learned Writ Court on 19/09/2025 itself for hearing on an application for interim relief, if any, filed by the appellant.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, the appeal stands disposed of.