Challenging the election of MLA Malini Laxmansingh Gaud as mayor of Indore Municipal Corporation (IMC), advocate Manohar Dalal filed a writ of quo warranto in the Indore bench of the Madhya Pradesh high court on Monday.
On behalf of petitioner Digvijay Singh Bhandari, Dalal said they had filed the writ challenging the election of Gaud as mayor, as the law did not allow her to hold two posts simultaneously.
Dalal said Gaud was a sitting MLA when she contested the elections and took the oath as the mayor and therefore, her election as mayor was invalid.
Quoting Section 9 of Madhya Pradesh Municipal Corporation Act 1956, advocate Dalal said those who were elected Member of Parliament, member of legislative assembly and six aldermen were deemed to be counsellors, but did not participate in voting practice.
“Section 21 of Madhya Pradesh Municipal Corporation Act 1956 says if anyone is a counsellor and elected as mayor, then he/she cannot hold two posts together and must resign from one post. If he/she does not resign, then both the posts will automatically declare vacant,” he said.
In Gaud’s case, her mayoral post has been already vacated as she administered oath as city mayor.