S.N. Dwivedi, J. - (1.) On March 28, while allowing this appeal, we said that we would give later the reasons for our order. We now proceed to state the reasons.
(2.) On May 7, 1960 Lakshmi Narain Misra, the appellant, was elected Senior Vice-President of the Municipal Board, Moghalsarai. On June 29 following the Municipal Board, by a vote of nine members, passed the following resolution:- "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." These facts are not disputed, and the single question is whether the said resolution has any force and efficacy. It may be observed that the first part of the resolution is consequential upon the second part of it. Accordingly if the second part is ineffective and inoperative, the first part would ipso facto fall down.
(3.) Before the learned Single Judge the learned counsel for the respondents unsuccessfully tried to shield the second part of the resolution behind Sec. 94(6) of the Municipalities Act (hereinbelow called the Act). The learned Judge however took the view that the Municipal Board could validly pass it under Section 87 of the Act. The writ petition of the appellant was therefore dismissed.;