RAMZAN ALI Vs. STATE OF U P

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner has prayed for quashing the proceedings of the meeting of the Town Area Committee, Bharatganj, (hereinafter, referred to as the Committee), held on 25-9-1976. He has also prayed for issue of a writ in the nature of mandamus directing the District Magistrate, Allahabad, not to interfere with his (the petitioner) functioning as the Chairman of the Committee.

(2.) THE material facts necessary for the decision of this writ petition, are briefly these: Bharatganj Town Area, Committee was constituted under the U. P. Town Areas Act, 1914, (hereinafter referred to as the Act). THE Committee consists of ten members including the Chairman. THE petitioner was elected as the Chairman of the Committee. Some members of the Committee presented to the District Magistrate, Allahabad, on 26-4-1976 a notice of their intention to move a motion of no-confidence against the petitioner who was the Chairman. THE District Magistrate convened a meeting of the Committee to be held on 25-9-1976 for consideration of that motion and appointed the Judge, Small Causes Court, Allahabad, (respondent 2) to preside over that meeting. On that day the motion of no-confidence was put to vote and six members of the Committee voted in favour of that motion. THE President declared that resolution as having been passed by a majority of the members present.

(3.) THE short question for determination in this petition, is whether the motion of no-confidence was passed by the requisite majority. For this purpose it is necessary to set out the relevant provisions of the Act and of certain other statutes.