B.P.Jeevan Reddy, J. - (1.) A Division Bench of this Court comprising one of us (V.N. Khare (J.) and J.K. Mathur, J., has referred two questions for the consideration of Full Bench. They are: - - (i) Whether election of senior and junior Vice -Presidents in a duly constituted Municipal Board, the President of which has been elected and is willing to conduct election, can be held under the provisions of Section 54(1) of the U.P. Municipalities Act by a special resolution. (ii) If so, whether such election has to be held within a period of three months from the date of constitution of the Board or occurrence of vacancy. If so, whether the election after the expiry of the aforesaid period has to be held under the provisions of Section 54A of the U.P. Municipalities Act. Though a number of writ petitions are referred to Full Bench, it would be sufficient if we state the facts in two of them, viz., W.P. No. 8097 of 1990 and W.P. No. 6774 of 1989. The facts in W.P. No. 9097 of 1990 are to the following effect:
(2.) THE election of Municipal Board, Hardwar took place on 10 -1 -1989. The Chairman was elected on 3 -2 -1989. Oath of office was administered to the members on 7 -2 -1989. On 20 -2 -1989, a notice was issued by the Executive Officer convening a meeting of the Board for electing senior and junior Vice -Presidents on 25 -2 -1989. At the meeting so held, presided over by the Chairman of the Municipal Board, respondents 3 and 4 were elected as senior and junior Vice -Presidents respectively. The election of the junior and senior Vice -Presidents is challenged in this writ petition on the ground that the meeting, at which they were elected, not having been convened in accordance with the provisions contained in Sub -sections (2) to (9) of Section 54A of U.P. Municipalities Act, the election is void. Respondent's case, however, is that the meeting has been rightly convened, as contemplated by Sub -section (1) of Section 54, and the election of junior and senior Vice -Presidents at the said meeting by special resolution, as provided by the Sub -section, is perfectly in order. W.P. No. 6774 of 1989 relates to the validity of election of senior and junior Vice -Presidents of the Municipal Board, Ballia who too were elected as provided by Section 54(1). The two grounds on which it is challenged are: (i) That the meeting, at which the senior and junior Vice -Presidents were elected, was not convened in accordance with the provisions contained in Sub -sections (2) to (9) of Section 54A of the Act, and (ii) That, in any event, since their election was not held within three months of the Constitution of the Board, it could not have been held in accordance with Sub -section (1) of Section 54; it ought to have been held only in accordance with Sub -sections (2) to (9) of Section 54A.
(3.) IT is in the light of the above facts that the Division Bench has stated the aforesaid two questions for consideration by the Full Bench. The reference is primarily occasioned by the fact that the Division Bench did not agree with the view expressed by an earlier Divisions Bench in Municipal Board, Bachhrawan v. Divisional Commissioner, Moradabad,, 1989 (2) UPLB & EC 248 which practically upholds the petitioner's contention. The later Division Bench, however, was inclined to uphold the respondents' contention.;