- (1.) Heard learned counsel for the parties at length and perused the record of the case.
(2.) Om Prakash Singh, the petitioner before us, has approached this Court through present writ petition under Article 226, Constitution of India for following reliefs - "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to: 1. Issue, a writ, order or direction in the nature of prohibition to the respondents restraining them from removing the petitioner from the post of Vice-Chairman of Executive Committee. 2. Issue a writ, order or direction in the nature of mandamus directing the respondents not to remove the petitioner from the office of Vice-Chairman of Executive Committee. 3. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. 4. Award costs to petitioner." As also agreed at the bar, the decision of the present petition depends upon interpretation of Section 51 of the Act. We may reproduce, for convenience, Section 51, of the Act- "51. Constitution and term of Executive Committee.- (1) The Executive Committee shall consist of- (a) the (Nagar Pramukh) who shall be ex officio Chairman of the Executive Committee; and (b) twelve persons to be elected by the Corporation out of Sabhasads - (2) The Executive Committee shall at its first meeting and, as often thereafter as may be necessary on account of a vacancy in the office of Vice-Chairman, elect one of its members to be its Vice-Chairman. (3) A Vice-Chairman shall cease to hold office as soon as he ceases to be a member of the Executive Committee. (4) The persons referred to in Clause (b) of sub-section (1) shall be elected by the Corporation at its first meeting after general elections. (5) One-half of the members of the Executive Committee shall retire every succeeding year at noon on the first day of the month in which the first meeting of the Corporation mentioned in sub-section (4) was held : Provided that all the members of the Executive Committee in office when general elections are held shall retire from office on the election of a new Committee under sub-section (6) The members who shall retire under sub-section (5) one year after their election under sub-section (4) shall be selected by lot at such time previous to the date for retirement specified in sub-section (5) and in such manner as the Chairman of the Executive Committee may determine, and in succeeding years the members who shall retire under this section shall be those who have been longest in office : Provided that, in the case of a member who has been re-appointed, the term of his office for the purposes of this sub-section shall be computed from the date of his re-appointment. (7) the Corporation shall at its meeting held in the month preceding the date of retirement specified in sub-section (5) appoint fresh members of the Executive Committee to fill the offices of those who are due to retire on the said date. (8) A casual vacancy in the seat of a member of the Committee shall be filled by electing a member for the remainder of the term of the member outgone : Provided that where the remainder of the term of the Committee is less than two months, the vacancy shall not be filled unless the Corporation resolves otherwise. (9) A retiring member shall be eligible for re-election."
(3.) Nagar Nigam, Varanasi (called the Corporation) is constituted under the provisions of Uttar Pradesh Municipal Corporations Adhiniyam, 1959 (as amended up to date), called 'the Act'. Its General Election took place some where in November, 2000 and its Sabhasads were elected as required under the Act. 309.htm@@@;