A public interest litigation (PIL) challenging MLA Malini Gaud’s election to the post of Indore mayor has been moved before Madhya Pradesh high court on Friday.
The PIL also challenged the earlier order of single bench of the high court, which allowed Gaud to hold both the positions.
“As per the provisions of Madhya Pradesh Municipal Corporation Act and article 243R of the Constitution of India, she cannot hold two posts together; she should have resigned from one post. If she did not resign, then both the post will automatically fall vacant,” said advocate Manohar Dalal.
On October 29, 2015, a single bench of the high court headed by Justice SR Waghmare had dismissed a writ petition demanding Malini Gaud to vacate either the MLA seat from Indore-4 Vidhan Sabha constituency or that of city Mayor, and allowed her to continue on both the posts.
While pronouncing the orders, Justice Waghmare observed that MLA Malini Gaud was a member of the council of the municipal corporation, but she is not an elected representative in the corporation. She is only elected as mayor of Indore Municipal Corporation (IMC) so there is no question of holding two posts in council at a time.
After hearing the arguments, a division bench comprising Justice PK Jaiswal and Justice JK Jain slapped notices to mayor, Indore Municipal Corporation and district collector and sought reply in three weeks.
In the past also MLA Kailash Vijayvargiya held both posts -- that of mayor and MLA from Indore -2.