JIVENDRANATHKAUL Vs. COLLECTOR DISTRICT MAGISTRATE

JUDGEMENT

(1.) Special leave granted.

(2.) J. N. Kaul was elected president of Ziila Parishad, Lucknow on January 25, 1989. D. K. Anand and Nand Kishore Verma were nominated as members of the Zilla Parishad. On the date of its constitution the Zilla Parishad had total of 62 members. On August 17, 1990 56 members of the Zilla Parishad moved a no-confidence motion against the president under S. 28 of U. P. Kshetra Samitis and Zilla Parishad Adhiniyam, 1961 (hereinafter called as the Adhiniyam). Section 28(11) of the Adhiniyam which is relevant is as under :

(3.) We have heard Mr. Satish Chandra, learned Senior Advocate on behalf of the appellant. We have been taken through the judgment of the High Court. We do not find any infirmity in the same. We agree with the reasoning and the conclusions reached by the High Court. Mr. Satish Chandra, taking support from Bhaiya Lal vs. P. N. Tiwari, 1970 All LJ 36 has assailed the finding of the High Court on the point that the motion of no confidence was not supported by more than half of the total number of members of the Zilla Parishad for the time being. The relevant part of the High Court judgment, under appeal, is as under :-