RAM NATH Vs. MUNICIPAL BOARD HAPUR

JUDGEMENT

(1.) THE President of the Municipal Board, Hapur had been suspended. THE term of the Vice President had expired on 16-10-1974. Sri R. C. Nagar, Sub-divisional Magistrate, Hapur had been appointed by the District Magistrate, Hapur under Section 54-A of the Municipalities Act to exercise the powers and functions of the President. On 28-7-1975, a notice was issued by the District Magistrate for holding the election of the office of the Vice President under Section 54-A (2) of the Municipalities Act on U-8-1975 at 11 a. m. Sri S. S. Kui-shrestha, Munsif Haveli was to preside over this meeting. THE total strength of the members of the Municipal Board, Hapur was 21. On the date of the meeting ten members were present. From a perusal of the minutes of the meeting held on 11-8-1975 (Annexure 2) it appears that the name of Sri Ved Prakash respondent No. 2 alone was proposed and seconded at this meeting. All the ten members voted for him. Sri Ved Prakash was thus declared elected Vice President of the Municipal Board, Hapur by Sri Kulshrestha. Aggrieved thereby the present writ petition has been filed.

(2.) LEARNED counsel for the petitioner has urged that the election of the vice president held on 11-8-1975 was illegal in the absence of the requisite quorum as required under Section 88 (2) of the Municipalities Act. Since the total number of members of the Board was 21 and since only ten members were present which was less than one half of the members of the Board; hence the election was invalid.

(3.) COUNSEL for the respondent has submitted that the procedure for holding the election of the Vice President which has been prescribed under Section 54-A does not require the passing of the resolution by the Board which is a requisite for the election of the Vice President under Section 54 of the Act. In support of this submission, he has placed reliance upon a Division Bench decision of this Court in Lakshmi Narain Misra v. Municipal Board, 1962 AWR 100. in that case the Division Bench while dealing with Section 54-A of the Municipalities Act observed as follows :-