NAZAR HUSSAIN Vs. TOWN AREA COMMITTEE PURKAZI

JUDGEMENT

(1.) THE election of the Vice -Chairman of the Town Area Committee, Purkazi (hereinafter referred to as the Committee) was scheduled to be held on 22nd August, 91. It appears that the notice of the meeting of the Committee was given by the Chairman of the Committee. It also appears that the election of a Vice -Chairman was to take place after the expiry of a period of three months from the constitution of the Committee. At that stage, the Petitioner came to this Court with this petition.

(2.) ON 22nd August, 91, this Court passed an interim order to the effect that the election may take place but the result thereof shall not be announced. The only argument advanced in support of this petition is that the election of the Vice -Chairman should have taken place in accordance with the provisions of Section 54A of the U.P. Municipalities Act as extended to the Town Areas in this State by means of a notification dated 7th May, 59 which was published in U.P. Gazette dated 16th May, 59.

(3.) IT is not in dispute that Section 54 of the U.P. Municipalities Act has not been so far extended to the Town Areas Section 8 -B of the U.P. Town Area Act (hereinafter referred to as the Act) provides inter alia that the Committee shall elect a Vice Chairman from amongst the members whenever a vacancy occurs. Section 8 -A provides for the election to the office of the Chairman It is evident that the Chairman also becomes a member of the Committee after election. It is also not in dispute that in the normal course, a Chairman is entitled to preside over the meeting of the Committee wherein a Vice Chairman is to be elected. However, the contention is that in view of Section 54A aforementioned, the District Magistrate alone can convene the meeting of the Committee and a stipendiary Civil Judicial Officer can alone preside over such a meeting.