MADAN MOHAN LAL Vs. OM PRAKASH

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution by a member of the Municipal Board, Chandausi, for a writ of quo-warranto against the opposite party Sri Om Prakash to show the authority by which he is holding the office of the member of the Municipal Board.

(2.) The Municipal Board Chandausi consists of 25 members including the President who is the ex-officio member of the Board. The General Elections took place on the 26th of October 1953 to elect the President and the members of the Board and the petitioner and the opposite party Om Prakash were elected members and one Sri Bhagwati Prasad was elected President of the Board. Formerly the opposite party Om Prakash was an insurance employee and on the commencement of the Life Insurance Corporation Act XXXI of 1956, i.e., on the 1st of September 1956, he became an employee of the Central Government through the Life Insurance Corporation of India. Since the 1st of September 1958 he is working as an Insurance Inspector and drawing salary from the branch office of the Life Insurance Corporation of India, Moradabad. The President made an enquiry about him from the Branch Manager, Life Insurance Corporation of India, Moradabad. The petitioner and the President thereafter both objected to his working as a member of the Board on the ground that he was disqualified for being a member of the Board under Section 13-D (f) of the U. P. Municipalities Act. The President wrote to the State Government for the removal of the opposite party Om Prakash from the membership under Section 40(1) (b) of the Municipalities Act, but till the filing of the petition no action had been taken against him. On the 20th of October 1956 a meeting of the Board was held and on that date the President asked the opposite party not to take part in the meeting since he had been disqualified, but the opposite party did not agree and participated in the meeting. Therefore on that date the President to avoid any breach of peace did not attend the meeting and the meeting was held in the absence of the President and the opposite party took part in it. On the 29th of September 1956 the opposite party Om Prakash along with 13 others sent a written notice of intention to move a resolution of non-confidence in the President. The notice was delivered to the District Magistrate by six members including the opposite party Om Prakash. The District Magistrate then fixed the 31st of October 1956 for the consideration of the motion of non-confidence. The contention of the petitioner was that having incurred the disqualification under Section 13-D (f) of the Municipalities Act the opposite party Om Prakash had ceased to be a member of the Board from the 1st of September 1956 and was not competent to act as a member of the Board or to sign the notice of intention to make a motion of non-confidence. On these facts the present petition was filed on the 30th of October 1956.

(3.) Notice was issued by this Court and the non-confidence motion was directed to be stayed pending the disposal of the petition.