- (1.) THE Municipal Board of Jaswant Nagar (hereinafter referred to as Board) in the district of Etawah was constituted in November, 1988. Sri Jiteudra Kumar Jain, the petitioner, was elected one of the members of the Board and Sri Amarnath Gupta was elected as a Chairman of the Board. A notice of no confidence motion was presented in the month of May, 1990. This writ petition, thereupon, was filed by Jitendra Kumar Jain seeking quashing of the notice of no confidence motion and also the resolution as may be passed in the meeting to be held on 11th June, 1990. In addition, he also sought a declaration that the U. P. Local Self Government Laws (Amendment) Ordinance, 1990, was ultravires.
(2.) ON 1-6-1990, an application was moved on behalf of Amarnath Gupta for being impleaded as a co-petitioner in this petition. Before this application could be taken up for consideration, another application had been moved by the petitioner Sri Jitendra Kumar Jain for withdrawal of this petition. In the meantime, another writ petition has been moved by Amarnath Gupta on 16-7-1990, seeking to quash the minutes of the meeting held on 11-6 - 1990, and asking for a declaration that the entire proceedings including the notice of intention were null and void. When the applications for withdrawal and implement came up for hearing, the learned counsel for the applicant Sri Amarnath Gupta wanted the implement application to be determined before the withdrawal application was taken up.
(3.) THE application for implement has been opposed on behalf of the petitioner and also the respondents, The application for being impleaded was pressed on the ground that the applicant was entitled to be impleaded because the petition itself has been filed for his benefit and, therefore, he was a necessary party. It was also urged that this dispute was in the nature of an election dispute and, therefore, he was entitled to substitute the petitioner in case he seeks to withdraw. It was also urged that under the provisions of Order 1, Rule 10 (2) CPC or the principles underlying this provision, he was entitled to be. impleaded as a co-petitioner in this petition.;