(1.) Since in all the abovementioned writ petitions, the question, facts and law involved are common, thus, the same are being disposed of by a common judgment. However, writ petition No. 27562 of 1997 shall be the leading case.
(2.) According to an Old fable a "Jin" even if killed, takes another form and shape and lives for ever. One would have thought that after the decision in Haji Ghafoor Bux v. State of U.P., (1991) 1 UPLBEC 505, writ petition No. 6091 of 1990 and writ petition No. 2832 of 1990, decided on 19-2-1991 and similar writ petitions by the Division Bench of this Court, sitting at Lucknow, in which I was a member, finally set at rest the controversy, that the elected members of the Municipal Board may pass a vote of non confidence against the President of the Board, who has been directly elected by the registered voters of the city and in that regard the vague concept of democracy that a person directly elected by the electorates could only be dislodged by the electorates, not by the members of the Board, would have no relevance. But the same argument which did not find favour with the Court has been raked up again, in spite of the following observations :
(3.) Against the said judgment passed in writ petition No. 2832 of 1990 and similar other writ petitions, decided on 19-2-1991, a special leave petition bearing No. 4165 of 1991 was filed by Mohan Lal Tripathi. The leave was granted, from which arose civil appeal No. 2425 of 1 992, which was dismissed on 15-5-1992.
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