WAHID ULLAH KHAN Vs. DISTRICT MAGISTRATE NAINITAL

JUDGEMENT

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

(2.) The facts giving rise to the present petition are as follows :- By means of the present petition petitioner Wahid Ullah Khan had challenged the resolution dated 22/12/1990, by which no confidence motion had been passed against the petitioner who was the elected President of the Municipal Board, Khatima, district Nainital. It is not disputed that the total strength of the members of the Board is 15. It is also not disputed that the petitioner was elected as President of the Board. Respondents Nos. 4 to 11 served a notice under S. 87A of the U. P. Municipalities Act, hereinafter referred to as the Act, expressing their intention to move a motion of no confidence against the petitioner before the District Magistrate, Nainital. This notice was given on 19/11/1990.

(3.) On 4-12-1990 the District Magistrate issued a notice to the members of the Municipal Board which was dispatched from Nainital on 6-12-1990 whereby 22nd December, 1990 was fixed for consideration of motion of no confidence. In pursuance of the notice issued by the District Magistrate a meeting of the Municipal Board was held on 22/12/1990 in which nine members participated out of whom eight members voted in favour of motion of no confidence. The sole question which has been urged on behalf of the petitioner is that the motion of no confidence cannot be taken to have been passed against the petitioner as it has not been passed by a majority of more than one-half of the total number of the members of the Board as required by S.87-A of the Act and consequently the resolution passed against the petitioner is wholly invalid.