PURUSHOTTAM CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal from an order of a learned Judge dated 6-4-1956, dismissing a petition under Article 226 of the Constitution.

(2.) The appellant was elected a member of the Municipal Board of Ghaziabad in October, 1958. In April, 1954, the State Government started proceedings under Section 40 Sub-sections (3) and (4) of the U. P. Municipalities Act, 1916, for the removal of the appellant from the Board. Those sub-sections read thus :

(3.) Shortly after the petition had been filed, on 10-10-1955, a bye-election was held to fill the casual vacancy caused by the removal of the appellant, and one Lajpat Rai was declared duly elected. The appellant thereafter obtained an order from this Court making Lajpat Rai a party to the petition.