Madhya Pradesh High Court
Dilip Singh Rathore vs The State Of Madhya Pradesh on 22 November, 2016
1
WP.No.8118/2016
(Dilip Singh Rathore vs. State of M.P. & Others)
22.11.2016
Shri D.P.Singh, learned counsel for the petitioner. Shri Vishal Mishra, learned Additional Advocate General for the State.
The present petition filed as Public Interest Litigation raises the singular cause that the functionaries of the Municipal Corporation, Morena are utilizing the funds received exclusively for construction of Sewer Project, for other purposes. The petitioner has alleged misutilization of public money on the part of the functionaries of the Municipal Corporation.
The M.P. Municipal Corporation Act in Chapter XXXVI provides for control by the State Government over a Municipal Corporation. Section 417 vests the State Govt. with power to call for return, report or document from the Municipal Corporation to assess the legality, propriety and regularity of any order made or proceedings of Corporation or Mayor-in-Council or the Commissioner or his Subordinate Officer by examining the record and deciding the matter and passing appropriate remedial order and direction after giving due and sufficient opportunity as per proviso to Sec. 417 of the said 1956 Act. In addition the State is further empowered to depute it's officers to make inquiry and carry out inspection and examine the report submitted u/S.417-A and further to compel the Corporation u/S. 418 to comply with the orders passed by the State Govt. u/S.417-A. The petitioner has made a complaint to the Collector which does not appear to be the appropriate authority to deal with the grievance raised herein.
Without going into the merits of the allegation made by the 2 WP.No.8118/2016 petitioner, this petition stands disposed of with liberty to the petitioner to prefer detailed complaint to the State Govt., which on receipt of the same shall be considered and decided in accordance with law as contained in the Chapter XXXVI of the Municipal Corporation Act as expeditiously as possible preferably within four (4) months of the receipt of the complaint.
No cost.
(Sheel Nagu) (S.A.Dharmadhikari)
Judge Judge
AK/-