MUNICIPAL BOARD JASPUR Vs. DISTRICT MAGISTRATE NAINITAL

JUDGEMENT

(1.) MUNICIPAL Board Jaspur through its President, Mukh- tar Ahmad, has preferred this petition with two prayers. The first is that the order dated 11th July 1991 passed by the District Magistrate cancelling the resolution alleged to have been pissed by the MUNICIPAL Board at its meeting held on 24th June, 1991, may be quashed. The other is that the communication dated 11th September, 1991, sent by the Additional District Magistrate (Administration) Nainital to the Sub Divisional Magistrate concerned asking him to submit his report after taking into account the opinion of the public at large in relation to the demand raised by the Board with the State Government may also be quashed.

(2.) ON 24th June, 1991, a meeting of the Board was held at the residence of the President. 5 members, namely, Sarvasri Abdul Hamid, Nasim Ahmad, Fida Hussain, Gulsher Ali and A!i Hussain and Sri Mukhtar Ahmad and the President (in all 6) were present. Important decisions were taken at the meeting ONe such decision was the rescinding of the resolution no. 44 dated 7th February, 1989, whereby it elected the Vice Presidents of the Board.

(3.) OUT of 15 members of the Board, including the President, July 5 attended the meeting of 24th June, 1991 at the residence of the President. Presumably the remaining 10 members were reluctant to go to the residence of the President.