J. Sahai, J. - (1.) The Petitioner Lakshmi Narain Misra has come to this Court under Article 226 of the Constitution of India on the allegation that he was elected Senior Vice - President of the Municipal Board of Moghalsarai, Respondent No. l,on 7th May 1960 defeating Respondent No. 2 Mohammad Rasul. The election was held by means of a special resolution as provided by S. 54 of the U.P. Municipalities Act (hereinafter referred to as the Act). On the 29th of June 1960 nine members of the Board passed a resolution purporting to be one under Sec. 94(6)(a) of the Act. The English translation of that resolution is to the following effect: In the place of Sri Lakshmi Narain Misra, Sri Mohammad Rasul be elected Vice - President of the Municipal Board of Moghalsarai and the election of Sri Lakshmi Narain Misra dated 7 -5 -1960 be cancelled.
(2.) The prayer in the petition is that the resolution mentioned above be quashed by means of a writ of certiorari.
(3.) A counter affidavit and a rejoinder affidavit have been filed in the case and later on a supplementary counter affidavit and a supplementary rejoinder affidavit were also filed. It is not necessary to go into the various allegations made in these affidavits because the point for decision is a very short one, the name being whether the Board was competent to have cancelled the resolution electing the Senior Vice - President of the Board before the expiry of the period for which he was elected. I have heard Mr. S.C. Khare for the Petitioner and S.N. Kackar for the Respondents.;