JAI CHARAN LAL ANAL Vs. DISTRICT MAGISTRATE ALIGARH

JUDGEMENT

(1.) AS both the writ petitions relate to the same controversy, they are being disposed of together.

(2.) THE Nagar palika, Sikendra Rao, was constituted after the general election of the Members and President on 17-11-1988. THE notification under section 56 of the U. P. Municipalities Act, hereinafter referred to as the Act, was issued on 21-11-1988. One Sartaj Ali Khan was elected as President of the Nagar Palika. THEreafter the election of the Senior and Junior Vice President was held in accordance with the provisions of section 54 of the Act and by special resolution dated 14-6-1989, Sri Jai Charan Lal Anal was declared elected as Senior Vice President and Sri Amar Singh as Junior Vice President. THE Senior and Junior Vice President continued to function. However, some dispute arose and a motion of no confidence was passed on 15-4-1991 by majority of 14 Members against the President Sri Sartaj Ali Khan.

(3.) IN dealing with Writ Petition No. 17324 of 1991, the petitioner contended that the impugned order of the Distt Magistrate is illegal, void and without jurisdiction and liable to be set aside as the District Magistrate, in exercise of the powers under section 54-A (i) of the Act, could not decide as to whether the election of the Vice President was valid or not. The question of consideration of validity of election of Vice President or the consideration of the special resolution by which the Senior and Junior Vice President were declared to be elected can not be adjudicated by the District Magistrate. IN support of this contention, the law laid down in the case of Rishi Kumar Gupta v. Nanhoo Mal Yadav, 1976 ALR 210, has been relied.