AKHTAR HASAN Vs. DISTRICT MAGISTRATE MUZAFFARNAGAR

JUDGEMENT

(1.) THE controversy raised in this writ petition centers round the construction of Section 39 of the U. P. Municipalities Act, 1916. The facts giving rise to the petition are these:- The Municipal Board, Keirana, district Muzaffarnagar (hereinafter referred to as the Board) comprised of 17 members and the President. Nine members of the Board submitted their resignation to the District Magistrate, Muzaffarnagar, on 13th September, 1976, who passed an order on the same day under Section 10-AA (2) of the U. P. Local Government Laws (Amendment) Ordinance, 1976 (U. P. Ordinance No. 18 of 1976) (hereinafter called the Ordinance) assuming the charge as administrator of the Board.

(2.) A perusal of the said order makes it clear that at the time of assumption of charge by the District Magistrate under Section 10-AA (2) the resignation of nine members had not been forwarded to the State Government. It has been stated in the counter-affidavit filed on behalf of the District Magistrate that the letters of resignation were sent by the District Magistrate along with his letter the same day they were delivered to him i.e. 13th of September, 1976 to the Commissioner, Meerut Division for being sent to the State Government. The resignation letters appear to have been despatched from Commissioner's office on 25th September 1976 to the Governor.

(3.) SIR S. N. Kackkar, appearing for the petitioner, has urged that the resignations submitted by the members of the Board did not become effective under Section 39 unless they were communicated to the State Government or at least received by the State Government. It was also argued by him that in the present case the District Magistrate exercised his power under Section 10-AA (2) even before the resignations were despatched to the State Government and that, therefore, in view of our decision in Civil Misc. Writ Petn. No. 3431 of 1976 (All) (Basudeo Gupta v. District Magistrate, Shahjahanpur) on 13th Sept., 1976 the impugned order of tile District Magistrate was liable to the struck down.