GIRISH CHAND SHARMA Vs. DISTRICT MAGISTRATE ALIGARH

JUDGEMENT

(1.) PETITIONER , who is chairman, Town Area Committee Hasayan district Aligarh, has filed this writ petition challenging the notice dated 8 -5 -1991 (Annexure -1 to the writ petition) whereby 29 -5 -1991 was fixed as the date of the meeting of the Town Area Committee for consideration of the motion of the no -confidence, against him. The meeting of 29 -5 -1991 was adjourned and was ultimately held on 20 -6 -1991. It is admitted to the learned Counsel for both the parties that in the aforesaid meeting six members participated and all of them have voted in support of the motion of no confidence against the Petitioner, but in view of the interim order passed by this Court resolution passed in the aforesaid meeting could not be implemented, with the result that the Petitioner is still working as chairman of the Town Area Committee.

(2.) THE Respondents have filed counter -affidavit and the Petitioner has filed rejoinder -affidavit in reply there to We have heard the learned Counsel for the parties.

(3.) THE Town Area Act does not provide for motion of no - -confidence against the chairman of a Town Area Committee, but Section 87 -A of the U.P. Municipalities Act (hereinafter referred to as the Act) has been extended to the Town Area, by the Government of Uttar Pradesh on account of which the motion of no -confidence against the chairman of the Town Area Committee can be moved, considered and passed by the Town Area Committee in accordance with Section 87 -A of the Act. Sub -section (1) to (6) of Section 87 -A, being relevant, are reproduced below: