AMAR NATH JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Town Area Committee, Pipraich, District Gorakhpur (hereinafter referred to as the Committee) consists of 15 members (1 elected Chairman, 11 elected members and 3 nominated members). By notification dated 15-10-1990 three persons, namely, Smt. Kaushalya Devi wife of Ram Asre Prasad Gupta, Smt. Narvada Devi and Sri Ram Awadh (hereinafter referred to as the nominated members first set) were nominated by the Government of U.P. as members of the Committee. On 25-3-1991 a notice of intention to make motion of no-confidence in the Chairman, Sri Amar Nath Jaiswal, signed by 12 members including the above three nominated members was delivered to the District Magistrate, who vide order dated 18-4-1-991 convened the meeting of the Committee on 26-4-1991 for considering the motion of no-confidence. Before the meeting could be held, the Government by notification dated 12-4-1991 cancelled the nomination of the members first set and nominated three other persons, namely, Smt. Kaushalya Devi wife of Sri Hira Lal, Smt. Sandhya Devi and Sri Chaman (hereinafter referred to as the nominated members second set) in their place. Against the above notification dated 12-4-1991 nominating the second set members, Writ Petition No. 10976 of 1991 was filed by the nominated members first set in which this Court granted the following interim order on 24-4-1991 :

(2.) The meeting of the Committee was held as per Schedule on 26-4-1991 in which 9 out of 15 members were present. As by interim order dated 24-4-1991 this Court has permitted the nominated members of both first and second sets to participate in the meeting, the Presiding Officer held that strength of the Committee has increased from 15 to 18 on account of which 9 members, who were present in the meeting, did not constitute quorum. With the observation as above, the Presiding Officer vide his order of the same date (26-4-1991) declared the meeting invalid for want of quorum. Against the said order of the Presiding Officer 9 elected members, who were present in the meeting, filed Writ Petition No. 15702 of 1991. In this writ petition, this Court vide its order dated 13-5-1991, stayed the operation of the order dated 26-4-1991, passed by the Presiding Officer, and directed the District Magistrate to convene the meeting again for consideration of the motion of no-confidence in which the nominated members of both the sets were provisionally permitted to participate and cast their votes with further direction to record their votes separately and not to declare the result of the meeting till further orders. Before the meeting could be convened in pursuance of the above order of this Court, the Government by its another notification dated 9-5-1991 cancelled the nomination of the nominated members second set and nominated three new persons, namely, Smt. Anupama Devi, Smt. Urmila and Sri Ram Awadh (hereinafter referred to as the nominated members third set) as members of the Committee in their place, The nominated members second set filed Writ Petition No. 18209 of 1991 challenging the above notification dated 9-5-1991. Few days thereafter, the Government issued yet another notification dated 3-6-1991, superseding its earlier nomination dated 9-5-1991 and nominating three new persons, namely, Smt. Chanda, Smt. Mira and Sri Hub Lal (hereinafter referred to as the nominated members fourth set). Nominated members fourth set filed Writ Petition No. 15746 of 1991 before this Court for writ of Mandamus commanding the respondents to treat them as validly nominated members and this Court passed an interim order dated 6-6-1991 directing the respondents therein to allow the petitioners (nominated members fourth set) provisionally to participate in the meeting dated 7-6-1991 fixed for consideration of motion of no-confidence. On 7-6-1991 the meeting of the Committee was held in which the motion of no-confidence in the Chairman was considered and is alleged to have been passed by majority but result has not been declared on account of the interim order passed by this Court.

(3.) The Writ Petitions Nos. 15746 of 1991 and 18209 of 1991 filed by nominated members second and fourth sets have been dismissed on 23-11-1991 and 23-10-1991 respectively on the statements of the learned counsel for those petitioners to the effect that the petitioners do not want to prosecute these writ petitions. The position that now stands is that only three writ petitions, namely, Writ Petitions Nos. 10975 of 1991 filed by Amar Nath Jaiswal, Chairman of the Committee, 10976 of 1991 and 15702 of 1991 filed by the nominated members first set and elected members respectively survive for decision.