DEVIPRASAD GUPTA Vs. ABDUL KHALIQ

JUDGEMENT

(1.) THIS special appeal is directed against the judgment of a learned Single Judge dated May 12, 1976 allowing the writ petition filed by the respondents Nos. 1 to 5.

(2.) GOPIGANJ Town, District Varanasi, has a town area consisting of ten members including a Chairman. At the general election held in 1971, Devi Prasad Gupta the appellant, Abdul Khaliq, Jamuna Prasad, Basarat Ali, Mahadeo and Raja Ram respondents Nos. 1 to 5 and Mewa, Genda Lal and Mata Din, who were arrayed respondents Nos. 5 to 7 in the writ petition, were elected as members of the Town Area Committee. Panna Lal Gupta, respondent No. 8 of the writ petition was elected as its Chairman. The term of office of the members and the Chairman under Section 6 read with Section 8-A of the Town Areas Act (briefly stated as the Act) is four years. This term of four years can however, be extended under Section 6 of the Act from time to time by the State Government subject to the condition that the total extension does not in aggregate exceed two years. Under Section 8-B of the Act every Town Area Committee is entitled to elect a Vice-Chairman from among its members. The term of office of the Vice- Chairman is one year from the date of his election. In the absence of the Chairman his duties can be discharged by the Vice-Chairman.

(3.) THE meeting was, however, adjourned for the 20th December, 1975 without transacting any other business. The respondents Nos. 1 to 5 have further alleged in the writ petition that the meeting, thereafter took place on the 20th December,1975 and was attended by nine members of the Committee. They have further alleged that in this meeting the respondents Nos. 1 to 5 moved a written resolution proposing the name of Abdul Khaliq, respondent No. 1 for the office of the Vice-Chairman. This resolution was presented by the five persons, who constituted the majority, but the appellant took away the agenda, proceedings book and attendance register and left the meeting, with the result that the respondents Nos. 1 to 5 held another meeting immediately then after and passed another resolution electing Abdul Khaliq, respondent No. 1, as Vice-Chairman. According to these respondents, although Abdul Khaliq was entitled to function as Vice-Chairman but Devi Prasad Gupta, the appellant, was not permitting him to do so on the false representation that he had been elected as Vice-Chairman on that date. These respondents alleged that the appellant was never elected by the members of the Town Area and the papers on the basis of which the appellant claimed to be elected were forged and subsequently manufactured. On these facts, the respondents Nos. 1 to 5 sought the relief of certiorari quashing the proceedings alleged to have been held in favour of the appellant and mandamus directing the District Magistrate, Varanasi and the Prescribed Authority to treat Abdul Khaliq as the Vice-Chairman of the Town Area.