MUKHTAR AHMAD Vs. DISTRICT MAGISTRATE, NAINITAL AND OTHERS

JUDGEMENT

(1.) By this petition the petitioner who is holding the office of President, Nagarpalika, Jaspur, district Nainital had initially challenged the notice issued by the District Magistrate under the provisions of Sec. 87-A (3) of the U. P. Municipalities Act, 1916 (hereinafter referred to as, the Act), by which the meeting for consideration of no confidence motion against the petitioner, was convened on 15th May, 1991.

(2.) A Bench of this Honourable Court consisting of Honourable V. N. Khare and Honourable M. P. Kania, JJ, passed an interim order dated I4th May, 1991, by which the meeting for consideration of motion for no confidence, scheduled for 15th May, 1991, was directed to be held and further in case the motion of no confidence was carried out against the petitioner and if he resigns, his resignation was directed not be given effect to. The motion of no confidence was carried out in the meeting held on 15th May, 1991 and, as such, the petitioner got the petition amended and also challenged the proceedings of the meeting dated 15th May, 1991 and prayed for quashing of the proceedings of the meeting dated 15th May, 1991.

(3.) The contesting respondents filed their counter affidavits to the main petition and to the supplementary affidavit, by which the amendments were incorporated in the main petition. The petitioner has also filed rejoinder affidavit and the supplementary rejoinder affidavit. Since the affidavits between the parties have been exchanged and the learned counsel for the parties have agreed that the case be finally disposed of, the present case is being finally disposed of.