JITENDRA KUMAR Vs. DISTRICT MAGISTRATE, ALIGARH AND ORS

JUDGEMENT

(1.) Petitioner, who is Chairman of Town Area Committee, Jalali, District Aligarh (here-in-after referred to as the Committee), has filed this petition for writ of certiorari for quashing the notice of no-confidence dated 21-2-1992 and for writ of mandamus commanding the Respondents not to bold ad-journed meeting of the Committee, for consideration of no-confidence motion against him, on 11-3-1992. When this writ petition was presented before this Court for admission, this Court passed an interim order to the effect that any decision taken against the Petitioner in the said meeting shall not be implemented for a period of six weeks. A supplementary affidavit has been filed by the Petitioner at the time of admission hearing of the writ petition mentioning therein that on 11-3-1992 the motion expressing no-confidence in the Petitioner has been passed by the Committee by a majority of 10 to 1, i.e., ten members voted in favour of motion while only one member voted against it. By an amendment application Petitioner has prayed for quashing the order of presiding officer declaring the motion expressing no-confidence in him as passed.

(2.) The State and the private members have filed counter affidavits. We have heard the learned Counsel for the parties.

(3.) Learned Counsel for the Petitioner has made five submissions in support of the writ petition, namely, (i) notice of intention to make a motion of no-confidence in the president was not delivered to the District Magistrate and what was delivered was merely a copy of the motion, (ii) there was no publication of the notice of the meeting in the news paper, (iii) Smt. Ram Beti, who was a nominated member of the Committee was not given any notice of the meeting for consideration of the motion of no-confidence, (iv) no notice of the meeting was given to the President of the Town Area Committee, namely, the Petitioner and (v) notice of seven clear days before the date of the meeting was not given.