GOPAL KRISHAN JINDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition, under article 226 of the Constitution, has been filed by Gopal Krishan Jindal for declaring the Rules 3 and 4 of the Rules, 1985 framed under the Cantonments Act, 1924. These rules are reproduced below. They were framed under Section 44 of the said Act. Rule -3 Presence of members at the Meeting of the Board - No member shall absent himself from the meetings of the Board without the express leave of the Board. Rule -4 Leave of absence by the Members A member shall seek prior leave of absence from the Board by applying, in writing, to the President who shall obtain the orders of the Board on the application: Provided that, in exceptional circumstances, the President may grant leave to a Member subject to confirmation by the Board at the next meeting. Explanation; For the purpose of this rule exceptional circumstances will include sudden illness, exigencies of service and personal compulsions, to be established by the Member to the satisfaction of the President.

(2.) THE petitioner was elected as Member of the Nasirabad Cantonment Board at an election held on 2nd February, 1992. The elected members of the Cantonment Board were notified in the Extra -ordinary Gazette Notification dated 3.3.1992.

(3.) ON 26th March, 1992, the Cantonment Executive officer issued a notice for holding of a meeting on 30th March, 1992. This was called as a special meeting and its agenda was as follows: