JAGDISH SHAH Vs. THE STATE OF U.P. AND OTHERS
LAWS(ALL)-1972-10-44
HIGH COURT OF ALLAHABAD
Decided on October 03,1972

Jagdish Shah Appellant
VERSUS
The State of U.P. and others Respondents

JUDGEMENT

Satish Chandra, J. - (1.) These two special appeals raise the question whether nominated members of the Municipal Board, Nainital, were entitled to vote at the election of the President of the Board.
(2.) In 1971 the Municipal Board, Nainital, consisted of 4 nominated members and 11 elected members - -Elections for this Municipal Board were held on 30th May, 1971. At these elections 11 persons were declared elected. On June 7, 1971, the State Government nominated four persons to the Board. By a notification dated 8th June 1971, the State Government fixed 22nd June, 1971, for holding the election of the President. An elected member as well as an elector filed writ petition No. 4032 of 1971 challenging the nomination of the four members.
(3.) The election of the President was, however, held on the date fixed and Sri Kishan Singh Taragi was declared elected President of the Board. On August 4, 1971, the State Government published a notification constituting the Municipal Board of Nainital. Another elected member of the Board, who was a rival candidate for the Presidentship, filed writ petition No. 5174 of 1971 challenging the election of K.S. Taragi. These two writ petitions proceeded on a variety of grounds, none of which found favour with a learned Single Judge who dismissed both of them. Hence the present appeals.;


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