KRISHNA CHANDRA GUPTA Vs. PRAYAG NARAIN AND OTHERS

JUDGEMENT

(1.) Sri Krishna Chandra Gupta the petitioner was elected President of the Municipal Board, Sitapur, on the 2nd of June, 1959. In June, 1960 certain members of the Board, who felt dissatisfied from him, moved the District Magistrate's, Sitapur, under Sec. 87-A of the U. P. Municipalities Act for the consideration and passing of a motion of non-confidence against him. Under sub-Sec. (3) of the said Sec. the District Magistrate's has to convene a meeting for the consideration of the motion for which the date and time are appointed by him; the place where the meeting is held is prescribed in the sub-section itself, being the office of the Board. Accordingly the District Magistrate's appointed the 7th of July, 1960, for the meeting to take place. There is no dispute that the usual procedure prescribed therefor under sub-Sec. (3) of Sec. 87-A was gone into.

(2.) Before the meeting could take place on the appointed date one of the members of the Board moved a writ petition in this Court questioning the legality of the notice which the District Magistrate's issued for the said meeting to Sri Gupta. The Board is constituted of the President and twenty-five members. In issuing the notice to Sri Gupta the District Magistrate's assumed that as an ex-offico member he too was entitled to the notice. The member who made the above writ petition disputed this proposition, as according to him the President though an ex-officio member was not entitled to be taken account of in determining the total membership of the Board. The petition was presented on the 6th of July, 1960. The meeting itself was to take place the following day. In the petition, therefore, the petitioner made a prayer for staying the holding of the meeting on the 7th of July, 1960. An interim order of stay was granted by this Court and as a result the meeting did not take place as convened by the District Magistrate's. Later the stay order was contested by some of the parties affected and on their request and after notice to the petitioner of that petition the same was heard and decided on the 16th of July, 1960. While dismissing the writ petition the following further order was passed:

(3.) The second and the fourth respondents referred to in the above order were the District Magistrate's of Sitapur and Sri Prag Narain, Movable Civil and Sessions Judge, Sitapur, respectively. The latter had been impleaded in the array of respondents as he happened to be the person nominated in accordance with sub-Sec. (4) of Sec. 87-A to preside at the meeting convened for the 7th of July 1960. In pursuance of the direction given by this Court the meeting of the Board, took place on the 22nd of July, 1960, at 11A.M. in the office of the Board. The motion of non-confidence for which the meeting had been convened was considered in this meeting and was adopted. Of the eighteen members who. were present at the meeting 17 voted in favour and one Sri Amir All remained neutral. Once the motion had been adopted the same was communicated by the Presiding Officer, as he was required also, to the District Magistrate's with a copy of the proceedings. It is not necessary to state intermediate details but one fact is relevant. The District Magistrate's having received the proceedings he wanted to proceed further in accordance with law. There upon on the 24th of July, 1960, the petitioner presented the instant petition asking a writ of certiorari to quash the proceedings of the meeting held on the 22nd of July, 1960 and further a writ in the nature mandamus commanding the respondents not to take any action thereon.