ARUN KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Arun Kumar Dubey, petitioner has filed this writ petition under Article 226 of the Constitution of India with the prayer that a writ in the nature of certiorari should issue quashing the notice dated 3.12.1997 (Annexure-2) and all proceedings consequential thereto. The other two prayers are that even the notice of intention dated 2.12.1997 (Annexure-3) may also be quashed and further that Section 87A of the U. P. Municipalities Act. 1916 be declared ultra vires the provisions of the Constitution of India.

(2.) Sri Ravi Kiran Jain, learned senior advocate assisted by Sri R- K. Awasthi, has been heard at considerable length in support of this writ petition. Sri S. K. Lal has appeared on behalf of the opposite party No. 4.

(3.) The facts are that on 30.11.1995, the petitioner took oath as Adhyaksha, Nagar Palika Parishad, Mirzapur after having been elected in the elections held for that post. On 2.12.1997 it is alleged that a motion of no-confidence against the petitioner was signed in accordance with the provisions contained under Section 87A of the U. P. Municipalities Act, 1916 (as amended from time to time). The District Magistrate, Mirzapur passed an order on 3.12.1997 on receiving said notice fixing a meeting to consider the motion of no-confidence against the petitioner on 2.1.1998 at 11 a.m. in Nagar Palika Parishad Office. Mirzapur. Aggrieved, the petitioner has come up to this Court under Article 226 of the Constitution of India.