HARENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Notice dated 26-7-1997 issued by the District Magistrate fixing the date of meeting on 22-9-1997 for carrying on a motion of no confidence against the Chairman of Sakhari Ganna Vikash Samiti Ltd., Syana, District Bulandshahar pursuant to the notice of no confidence served by the members of the committee of management on 27-2-1996, is the subject matter of challenge in the present writ petition.

(2.) The said challenge is based on the facts that a notice of no confidence was submitted to the District Magistrate on 27-2-1996. The ultimate meeting did not materialise till the issuance of the notice dated 26-7-1997 because of various intervening reasons. In a Civil Suit being Original Suit No. 440 of 1996 an injunction was granted restraining the holding of the meeting. Subsequently, a fresh notice of meeting was issued on 7-11-1996. The said notice was ultimately set aside by the Civil Court by an order dated 6-12-1996. On appeal the said order was set aside and the appellate Court had given liberty to issue fresh notice by an order dated 21-2-1997. Admittedly, the meeting dated 2-9-1997 has been held and the no confidence has been carried out by majority.

(3.) Shri H.N. Singh, learned counsel for the petitioner has however challenged the said notice dated 26-7-1997 on various grounds for quashing of the same. Though after the writ petition was affirmed, the resolution has been carried against the petitioner but no amendment to that effect has been sought for. Mr. Singh, however, has confined his argument in the challenge of the notice dated 26-7-1997 itself.