Raghubar Dayal, J. - (1.)This appeal, by special leave, is directed against the judgment of the High Court of Allahabad dismissing a writ petition filed by the appellant praying for the issue of a writ in the nature of mandamus directing the State of Uttar Pradesh and the District Magistrate Meerut, not to give effect to the resolution passed in the meeting of the members of the Municipal Board. Pilkhuwa, dated February 6, 1961 and for the quashing of the proceedings of that day.
(2.)The appellant was the President of the Municipal Board, Pilkhuwa, in January-February 1959. On January 4, 1959, a written notice of the intention to make a motion of no confidence in the President signed by nine members of the Board including Ram Nath and Kesho Ram Gupta, was delivered to the District Magistrate. Meerut, in pursuance of sub-s. (2) of S. 87-A of the U. P. Municipalities Act. 1916 (U.P Act II of 1916), hereinafter called the Act. The District Magistrate, Meerut, duly convened a meeting of the Board on February 6, 1961.
(3.)The appellant moved writ petition No 367 of 1961 in the High Court on February 2, 1961 and questioned the validity of that notice. That petition was dismissed in limine on the same day. It was held that unless and until an order of removal is passed actually by the State Government there could not be any removal of a member or anything which would disentitle a member to take part in the proceedings of the meeting and that the application was also premature.