MOULVI LUTFAR RAHAMAN Vs. MOULVI WALIUR RAHAMAN

JUDGEMENT

(1.) This appeal arises out of a suit instituted by respondent 1 against the appellants and respondents 2 to 29 for a declaration that his removal from the Chairmanship of the District Board of Jessore by respondent 29 (the Province of Bengal) under the last part of Section 28, Local Self-Government Act, was illegal and inoperative and for permanent injunction restraining the appellants and respondents 2 to 29 from interfering h with the works of respondent 1 as Chairman of the District Board. The material portion of Section 28 is this: The Provincial Government may remove any Chairman of the District Board on the application of the Board if he persistently neglects his duty as Chairman.

(2.) The case of the plaintiff respondent is that his removal from the Chairmanship of the District Board was illegal and inoperative inasmuch as there was no valid application by the District Board to the Provincial Government and that he did not persistently neglect his duty as Chairman. The trial Court found that there was a valid application of the Board before the Provincial Government and that the plaintiff respondent persistently neglected his duty as Chairman. He accordingly dismissed the suit. The plaintiff respondent appealed to the lower appellate. Court. The Subordinate Judge who heard the appeal has come to a different conclusion. His findings are that there was no valid application of the Board before the Provincial Government and that there was no neglect of duty on the part of the plaintiff respondent as Chairman of the District Board. He accordingly decreed the suit. Hence this second appeal by the District Board of Jessore and a member of the said Board. The contention on behalf of the appellants is that the lower appellate Court was wrong in holding that there was no valid application of the District Board lief ore the Provincial Government.

(3.) The facts bearing on this point are these: Thirty members constitute the District Board of Jessore. On 17 December 1937, plaintiff respondent was elected Chairman of this Board. On 26 April 1939, 15 members of the Board sent a requisition under Section 30 (b), Local Self Government Act, for a special meeting for the removal of the plaintiff respondent from the office of the Chairman. Between 28 April 1939 and 18 May 1939, : seven out of the 15 requisitionists withdrew from the requisition. Plaintiff respondent did not call a special meeting within the prescribed period. Thereupon, 15 members who sent the requisition on 26 April 1939, called a special meeting for 30 June 1939. On 29 June 1939, the Munsif of Jhenada issued a temporary injunction restraining the members of the Board from attending the special meeting at the instance of one of the members of the Board. On 30 June 1939, the District Judge of Jessore vacated this order in appeal ex parte without issuing any notice on the respondent in the said appeal. On the d same day the special meeting was held. Plaintiff- respondent presided over this meeting. He, however, dissolved the meeting on the ground that there was no valid requisition under Section 30 (b) as seven out of 15 requisitionists withdrew from the requisition. After the dissolution of the special meeting by the plaintiff- respondent, 22 members of the Board held another meeting and passed a resolution asking the Provincial Government for removal of the plaintiff from chairmanship on the ground that he persistently neglected his duties as chairman of the District Board.