Collector must personally examine Councillors and record satisfaction before forwarding proposal for recall of President.

The petitioner, President of Nagar Parishad Gurh (Rewa), challenged a Collector's order dated 15/06/2026 [Annexure P/6] which forwarded a proposal for her recall to the State Government.

Initially, the private respondents (Councillors) attempted "no-confidence" motions, which the Collector rejected, citing newly introduced amendments requiring a "recall" procedure under Section 47 of the MP Municipalities Act, 1961.

The Councillors subsequently moved a recall proposal. However, the petitioner contended that the Collector failed to personally examine the Councillors to record mandatory satisfaction, delegating the examination instead to the Chief Municipal Officer.

1. Whether the Collector, acting under Section 47 of the MP Municipalities Act, 1961, is required to personally examine the Councillors and record his own satisfaction before forwarding a recall proposal to the State Government.

Section 47 (1) & (2) of the Madhya Pradesh Municipalities Act, 1961.

This statutory provision governs the procedure for the recall of a President, shifts away from the traditional no-confidence motion, and mandates that the Collector must be satisfied with the proposal submitted by the Councillors before forwarding it to the State Government.

The court noted that while the private respondents were entitled to seek a recall following the rejection of their prior no-confidence motions, the procedural integrity of Section 47 was compromised.

The petitioner successfully argued that the Collector did not personally record his satisfaction regarding the Councillors' intent; instead, the examination of the Councillors was delegated to the Chief Municipal Officer (CMO).

The court determined that in the interest of justice and statutory compliance, the Collector must personally examine the Councillors who moved the proposal to ensure his "satisfaction" is based on direct evidence and compliance with the law rather than a delegated inquiry.

The matter was remitted back to the Collector, Rewa, with directions to proceed from the stage of recording the statements of all Councillors who moved the recall proposal. The Collector must record his personal satisfaction after such examination before forwarding the matter to the State Government in terms of Section 47(1)(2).

The exercise is to be completed within 30 days. No separate order was required for the connected petition, which was disposed of alongside the main matter.