KALYAN DUTT KAUSHIK Vs. THE DISTRICT MAGISTRATE

JUDGEMENT

(1.) A Division Bench of this Court comprising one of us (V.N. Khare (J.) and J.K. Mathur, J., has referred two questions for the consideration of Full Bench. They are: - -

(2.) THE election of Municipal Board, Hardwar took place on 10 -1 -1989. The Chairman was elected on 3 -2 -1989. Oath of office was administered to the members on 7 -2 -1989. On 20 -2 -1989, a notice was issued by the Executive Officer convening a meeting of the Board for electing senior and junior Vice -Presidents on 25 -2 -1989. At the meeting so held, presided over by the Chairman of the Municipal Board, respondents 3 and 4 were elected as senior and junior Vice -Presidents respectively. The election of the junior and senior Vice -Presidents is challenged in this writ petition on the ground that the meeting, at which they were elected, not having been convened in accordance with the provisions contained in Sub -sections (2) to (9) of Section 54A of U.P. Municipalities Act, the election is void. Respondent's case, however, is that the meeting has been rightly convened, as contemplated by Sub -section (1) of Section 54, and the election of junior and senior Vice -Presidents at the said meeting by special resolution, as provided by the Sub -section, is perfectly in order.

(3.) IT is in the light of the above facts that the Division Bench has stated the aforesaid two questions for consideration by the Full Bench. The reference is primarily occasioned by the fact that the Division Bench did not agree with the view expressed by an earlier Divisions Bench in Municipal Board, Bachhrawan v. Divisional Commissioner, Moradabad,, 1989 (2) UPLB & EC 248 which practically upholds the petitioner's contention. The later Division Bench, however, was inclined to uphold the respondents' contention.