SHIV DAYAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution.

(2.) On 2-6-1951 the petitioner, who was a member of the Municipal Board of Lalitpur, was elected chairman of the Board in the casual vacancy caused by the removal of the former chairman, Sri B. N. Kiledar. On 14-7-1951, the election of the petitioner was notified in the official Gazette. On 5-6-1952, written notice of an intention to make a motion of non-confidence in the petitioner as chairman of the Board was presented to Sri C. M. L. Bhatnagar who on that date was officiating as District Magistrate and Collector, and on 8th July the non-confidence resolution was passed by the Board. By a notification published in the Official Gazette on 6-9-1952, the petitioner was removed from office. The petitioner now comes to this Court and seeks relief on the ground that his removal from office was in contravention of the provisions of the U. P. Municipalities Act, 1916, as amended by the U. P. Municipalities (Supplementary and Validation Act, 1951) hereinafter referred to as 'the Act'--and is consequently of no legal effect.

(3.) The argument on his behalf is a twofold one. It is said, first that the notice of intention to make a motion of non-confidence was not delivered to the "District Magistrate" within the meaning of Section 87A (2) of the Act and, secondly, that a period of twelve months did not elapse between the receipt of the motion of non-confidence and the petitioner's assumption of office as chairman as is required by Section 87A (14) of the Act.