NARENDRA BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed by the President of the Nagar Panchayat, Sahatwar, district Ballia. He faces a no-confidence motion, but seeks a certiorari action that the intention of making a motion of no-confidence is not in conformity of the law, and it should be quashed. The meeting to consider a motion of no-confidence has been scheduled for 18th December, 1998.

(2.) Bringing in a motion of no-confidence has been provided in Section 87A of the U. P. Municipalities Act, 1916. By this writ petition, it is contended that, firstly. Section 87A of the Act is ultra vires to certain provisions of the Constitution (Seventy-fourth) Amendment Act, 1992 and secondly, that the motion of no-confidence as has been Initiated is irregular, illegal and suffers from jurisdictional errors and incompatible with the procedure prescribed.

(3.) In so far as the first aspect is concerned, i.e.. permitting submissions on the question whether Section 87A of the Act may be ultra uires to the Constitution or not. the Court is not examining this aspect of the matter, as in the circumstances of the present case, this academic is not necessary.