LAXMAN PD AGARWAL SAYED MOHD KARIM Vs. K P SINGH LAXMAN PD AGARWAL
LAWS(ALL)-1991-4-48
HIGH COURT OF ALLAHABAD
Decided on April 11,1991

LAXMAN PD.AGARWAL, SAYED MOHD.KARIM Appellant
VERSUS
K.P.SINGH, LAXMAN PD.AGARWAL Respondents

JUDGEMENT

S.K.DHAON, J. - (1.) These four petitions are inter-related. They relate to the office of the President of the Municipal Board, Moradabad (hereinafter referred to as the Board). In the three writ petitions Sri Lakshman Prasad Agarwal (hereinafter referred to as Shri Agarwal), who claims himself to be the duly elected President of the Board, is the petitioner. In the contempt case Sri Agarwal is the sole opposite party, and the allegation is that he has wilfully disobeyed the interim order passed by this Court in Writ Petition No. 15963 of 1990, which was passed at his instance. It will be convenient to dispose of the three writ petitions and the contempt petition by a common judgment.
(2.) On 26/05/1990, the District Magistrate, Moradabad, issued a notice stating therein that a meeting of the Board will be held in the office of the Board on 4/06/1990 at 11.00 a.m. to be presided over by Sri K. P. Singh, Civil Judge, Moradabad, to consider the motion of no-confidence against the President of the Board. This notice was addressed to Sri Agarwal and 47 other persons, who were considered by the District Magistrate to be the members of the Board.
(3.) On 29/05/1990, Writ Petition No. 1593 of 1990 was presented by and on behalf of Sri Agarwal in this Court along with an application for interim relief. The principal prayer claimed in the petition was that the aforesaid notice issued by the District Magistrate may be quashed. The prayer made in the application for interim relief was that the order of the District Magistrate convening a meeting of the Board to consider the motion of no-confidence on 4/06/1990, may be stayed during the pendency of the petition. As the said petition was presented during the vacations, it was entertained by a learned single Judge. The order-sheet indicates that on 29th May, 199O, the learned Judge directed that the petition be put up before him on 30/05/1990 as unlisted. The order-sheet of 1/06/1990, indicates that on that date the learned Judge reserved his orders.;


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