RISHI KUMAR GUPTA Vs. NANOOMAL YADAV

JUDGEMENT

(1.) THIS special appeal is directed against the judgment of a learned single Judge dated 17-9-1975, allowing the writ petition filed by Nannoomal Yadav, respondent No. 1. By the said petition the respondent No. 1 challenged the legality and validity of the order of the Commissioner dated July 21, 1975, purporting to be under Section 34 of the U. P. Municipalities Act, 1916 (hereinafter referred to as the Act). The facts are as under:-

(2.) AFTER the resolution was cancelled by the Commissioner, the District Magistrate exercising power conferred by Section 54-A of the Act passed an order on the same date i.e., July 21, 1975, appointing the Executive Officer of the Municipal Board to perform the duties of the President of the said Board. He, thereafter, changed this order and passed another order dated 23-7-1975 authorising the Additional District Magistrate to function as the President of the Municipal Board.

(3.) THE first question which is required to be considered in the present case is whether the Commissioner could legally cancel the resolution dated 29-4-1975. The said resolution has been cancelled by the Commissioner in exercise of his power under Section 34 of the Act. Under Section 34 the Prescribed Authority may, by order in writing prohibit the execution or further execution of a resolution or order passed or made under the Municipalities Act or any other enactment by a Board or a Committee of a board, or a joint committee, "if in its opinion such resolution or order is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order."