LAKSHMI NARAIN MISRA Vs. MUNICIPAL BOARD AND OTHERS

JUDGEMENT

(1.) On March 28, while allowing this appeal, we said that we would give later the reasons for our order. We now proceed to state the reasons.

(2.) On May 7, 1960 Lakshmi Narain Misra, the appellant, was elected Senior Vice-President of the Municipal Board, Moghalsarai. On June 29 following the Municipal Board, by a vote of nine members, passed the following resolution:-

(3.) Before the learned Single Judge the learned counsel for the respondents unsuccessfully tried to shield the second part of the resolution behind Sec. 94(6) of the Municipalities Act (hereinbelow called the Act). The learned Judge however took the view that the Municipal Board could validly pass it under Sec. 87 of the Act. The writ petition of the appellant was therefore dismissed.