MUNICIPAL BOARD BACHHRAWA Vs. DIVISIONAL COMMISSIONER MORADABAD

JUDGEMENT

(1.) ON 5th May, 1989, we had dismissed this petition in limine for reasons to be given later on. We are now giving the reasons.

(2.) THIS petition, at the instance of a Municipal Board through its President, stems from proceedings initiated by the President of the Board to elect a Vice-President.

(3.) IN Ballabh Das Agarwal's case, this court considered section 54 and 54-A before the enforcement of the U. P. Urban Local Self Amendment Act, 1976 (U. P. Act 41 of 1976 with effect from 15th September, 1976). This court took the view that under the provisions of sub-sections (2) to (9) of section 54-A the District Magistrate, to the exclusion of the President, could conduct the election of a Vice-President only in the situation where a person on being elected President failed or refused to function or otherwise was not able to function, or a casual vacancy occurred in the office of the President within the meaning of section 44-A. Learned Judge laid emphasis on the marginal note to section 54-A. The learned Single Judge emphasised on the fact that by introducing section 54-A the Legislature did not intend to alter the normal procedure for the election of a Vice-President, that procedure being the election by a special resolution as provided by section 54 and the compliance of sections 87 and 88.