SUDESH KUMAR Vs. KRISHNA KUMAR MITTAL

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Sri A. P. Singh, learned Addl. Chief Standing Counsel. Learned counsel for the petitioner has contended that while conducting the election for the Presidentship of the Municipality, only members who have been elected and who constitute a class of 'members' under section 9 (b) of the Municipalities Act have a right to vote and the ex officio members and nominated members have no right to vote in the election of Presidentship of the Municipality.

(2.) IN order to test the above submission made by the learned counsel for the petitioner it is relevant to quote Section 9 and Section 43 of the Municipalities Act. Section 9 of the said Act speaks about the normal composition of the Board and Section 43 speaks about the election of the President. Section 9 and Section 43 of the said Act are quoted below :

(3.) THERE is yet another aspect of the matter. Section 10 of the said Act empowers the State Government to vary normal composition of Board. In this case also the State Government have been authorised to constitute the Board, which consists of the nominated members and elected members i. e. persons other than elected members are to be treated as members of the Board.