MURARI LAL PARASHAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These three Writ petitions were heard together, They arise out of motions of no-confidence carried against the Presidents of two Municipal Boards.

(2.) Civil Misc. Writ No. 30 of 1959 has been filed by Sri Murari Lal Parashar. He was elected President of the Municipal Board, Fatehpur Sikri in the district of Agra in 1956. The Municipal Board consists of the President and 16 members. On Oct. 20, 1958, nine members of the board, including Vijai Singh and Fazlu, delivered to the District Magistrate's, Agra a written notice of intention to move a motion of no confidence in the president. On Dec. 8, Sri C. Chandra, purporting to act as Incharge District Magistrate's, Agra sent notices to the president and members that pursuant to the notice of intention to move a motion of no confidence in the President a meeting of the Municipal Board would be held on Dec. 21, 1958, at noon, at the Boards premises under the Presidentship of Sri Yadav, Second Additional Civil Judge, Agra to consider the said motion. Accordingly a meeting was held on Dec. 21, 1958 at which the motion of no confidence was carried by the Vote of 10 members, including Vijai Singh, Fazlu and Razzak. The petitioner has challenged the legality of the resolution on a number of grounds. He alleged that Vijai Singh, Fazlu and Razzak were in arrears in the payment of municipal taxes or other dues in excess of one years demand to which Sec. 166 applies both at the time when the first two of them signed the notice of intention to move a motion of no confidence in the petitioner and when the motion of no confidence was passed on Dec. 21, 1958.

(3.) The petition came up for hearing before Mr. Justice Dwivedi. He formulated the following question-