Hidayatullah, J. - (1.) This is an appeal by special leave against the judgment and order of the High Court of Allahabad, December 6, 1966, in Civil Miscellaneous Writ Petition No. 4287 of 1966.
(2.) The appellant. Jai Charan Lal Anal was elected as a member of the Municipal Board, Sikandrao in December, 1964. He was later elected as the President of the Board. On October 26, 1966 a notice of intention to move a motion of non-confidence in the appellant was presented by certain members of the Board to the District Magistrate, Aligarh. The District Magistrate issued notices to the members on November 17, 1966 fixing November 25, l966 as the date for the meeting of the Board to consider the non-confidence motion. This was done under S. 87-A of the Uttar Pradesh Municipalities Act, l916. On November 22, 1966, the petitioner filed a petition under Article 226 of the Constitution in the High Court of Allahabad asking that the meeting be stopped. The case was listed before the High Court on December 1, l966. Before this the meeting of the Board was adjourned to December 5, 1966, under circumstances to which detailed reference will be made presently. The High Court directed that the petition should be listed for December 6, 1966. By that date the adjourned meeting was held on December 5, 1966, and the non-confidence motion was passed unanimously. 10 out of 15 members who were present voted in its favour and none against it. The appellant thereupon asked the High Court to quash the resolution of the Board. The High Court by the order under appeal declined to do so on the ground that even if there were some irregularities in calling the meeting, the resolution, having been passed by the necessary majority, the case was not fit for the exercise of its discretionary powers.
(3.) In this appeal the question has been raised that the meeting itself was contrary to the provisions of S. 87-A of the U. P. Municipalities Act and the resolution therefore being ultra vires and illegal was void. This argument is based upon the procedure which is laid down in S. 87-A of the Act. We may now refer to those provisions. Section 87-A deals with motion of non-confidence against the President. It begins by stating that subject to the provisions of the section such a motion shall only be made in accordance with the procedure laid down in the section. Sub-section (2) requires that a written notice of intention to make a motion of non-confidence on the President must be signed by such number of members of the Board as constitute not less than onehalf of the total strength of the Board and must be accompanied by a copy of the motion which it is proposed to make and should be delivered in person by any two of the members signing the notice to the District Magistrate. This was done. Subsections (3) , (4) , (5) and (6) then provide as follows:- "(3) The District Magistrate shall then convene a meeting for the consideration of the motion to be held at the office of the board, on the date and at the time appointed by him which shall not be earlier than thirty and not later than thirty-five days from the date on which the notice under sub-section (2) was delivered to him. He shall send by registered post not less than seven clear days before the date of the meeting, a notice of such meeting and of the date and time appointed therefor, to every member of the board at his place of residence and shall at the time cause such notice to be published in such manner as he may deem fit. Thereupon every member shall be deemed to have received the notice." "(4) The District Magistrate shall arrange with the District Judge for a stipendiary civil judicial officer to preside at the meeting convened under this section, and no other person shall preside thereat. If within half an hour from the time appointed for the meeting, the judicial officer is not present to preside at the meeting, the meeting shall stand adjourned to the date and the time to be appointed and notified to the members by that officer under sub-section (5) ." "(5) If the judicial officer is unable to preside at the meeting, he may, after recording his reasons adjourn the meeting to such other date and time as he may appoint, but not later than fifteen days from the date appointed for the meeting under sub-section (3) . He shall without delay communicate in writing to the District Magistrate the adjournment of the meeting. It shall not be necessary to send notice of the date and the time of the adjourned meeting to the members individually, but the District Magistrate shall give notice of the date and the time of the adjourned meeting by publication in the manner provided in sub-section (3) ." "(6) Save as provided in sub-sections (4) and (5) a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned." ;