RAEES AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed against the impugned order dated 14.10.1998 (Annexure 1 to the petition) and for a mandamus directing the respondents not to interfere with the petitioner's working as the President of the Nagar Panchayat, Jalalabad, district Muzaffarnagar.

(2.) We have heard learned counsel for the parties.

(3.) The facts of the case are that the petitioner was elected President of Nagar Panchayat, Jalalabad. Thereafter a no-confidence motion is alleged to have been carried out against the petitioner on 14.10.1998 which is challenged in this writ petition. It is alleged in paragraph 3 of the petition that the Nagar Panchayat, Jalalabad consists of 21 members of which 15 members were elected members and 2 were ex officio and 3 members were nominated by the State Government. In this connection, true copy of the letter of the Executive Officer, Nagar Panchayat, Jalalabad, district Muzaffamagar to the District Magistrate, Muzaffamagar dated 24.9.1998 is Annexure-2 to the petition. In paragraph 7 of the petition, it is alleged that 13 members voted against the petitioner and the respondent No. 3 declared the motion to have been carried. The submission of learned counsel for the petitioner is that if the three nominated members are taken into account, the total number of members including the 3 nominated members is 21 and hence the motion must be deemed to have failed as it cannot be said to have been carried out by 2/3rd of the members. The short controversy, therefore, in this case is whether nominated members are to be taken into account by calculating the 2/3rd majority under Section 87A (12) of the U. P. Municipalities Act.