S.C.Mathur, J. - (1.) These two writ petitions relate to motion of no confidence against Brijendra Bahadur Singh, President of the Municipal Board, Balrampur, District Gonda, for short, 'Board'. The petition involves consideration of Section 87-A of the U. P. Municipalities Act, 1916 (U. P. Act No. Ill of 1916), for short, Act.
(2.) Brijendra Bahadur Singh, for short, Brijendra, was directly elected President of the Board in November, 1988. On 18th April, 1990 twelve Members of the Board presented motion of no confidence against him to the District Magistrate, Gonda. On behalf of the District Magistrate the Sub-Divisional Officer issued notice on 1st May, 1990 notifying 24th May, 1990 at 11.00 A.M. as the date and time fixed for meeting convened for consideration of the motion. On 21st May Brijendra filed writ petition No. 4777 of 1990 challenging the validity of the said notice on various grounds including that the notice violated Section 87-A (3) of the Act inasmuch as the date fixed thereby for the meeting crossed the outer limit of time prescribed there in, i.e. thirty five days from the date of delivery of motion of no confidence to the District Magistrate. On the same day a Division Bench of this Court issued notice to the Members who had presented the motion of no confidence and passed the following interim order ; "Since we are, prima facie, satisfied that the meeting for the consideration of no confidence motion has been convened in violation of the provisions of Section 87-A of the U. P. Municipalities Act, inasmuch as it has been convened after the expiry of 35 days (excluding 18-4-1990 and 21-5-1990), we direct that the meeting convened for 24-5-1990 for consideration of no confidence motion against the petitioner shall not be held and in case the meeting for the consideration of no confidence motion is held and no confidence motion is carried through at the said meeting, then the decision taken in the said meeting shall not be implemented until further orders of this Court". The meeting instead of being held on 24th May, 1990 was actually held on 22nd May, 1990 and the motion was carried through. Thereafter Brijendra along with five others filed writ petition No. 5733 of 1990. This petition was filed on 31st May, 1990. In respect of the prayer for interm relief the following observation was made in order, dated 31st May, 1990 : "so for as the question of interim relief is concerned, I am of the view that in view of the provisions of Section 87-A of the U. P. Municipalities Act, which provides that if the President does not resign on a vote of no confidence being passed against him, he shall on the expiry of three days from the date on which the result of the meeting is communicated to him, cease to be a President, it is not possible to grant any interim relief at this stage."
(3.) In the earlier petition Brijendra has impleaded the District Magistrate, Gonda and the State of U. P., through Collector as opposite parties 1 and 2 and the Members who presented the no confidence motion as opposite parties 3 to 14. No counter affidavit has been filed in this petition.;