R P DHYANI Vs. PRESIDENT CANTONMENT BOARD

JUDGEMENT

(1.) -The petitioner who was elected as the Vice President of the Cantonment Board, Lansdowne, Pauri, is aggrieved by a resolution dated September 22, 1986, passed by the members of the Cantonment Board under clause (3) of Section 21 of the Cantonments Act, 1924, removing him from the office of Vice President. The resolution is challenged on the ground that it has not been passed in accordance with the regulations framed under the aforesaid Act in that behalf.

(2.) IN order to appreciate the contention, it will be necessary to have a brief look at the relevant statutory provisions. Section 21 of the aforesaid Act provides that the term of office of a Vice President shall be five years. Subsection (3) of Section 21 lays down : 41 (3) A Vice President may be removed from his office, at a special meeting convened for the purpose on a requisition for the same by not less than one-half of the elected members of the Board holding office, by a resolution passed by a majority of not less than two-thirds of the total number of elected members then holding office and attending and no member other than an elected member, shall have the right to vote on the resolution "

(3.) THE question is whether the petitioner was given the notice and Agenda of the meeting requisitioned by three elected members for considering the resolution for removing him from office in accordance with clause (b) of Regulation 7.