Jagmohan Lal, J. - (1.) This special appeal filed on behalf of the State of U. P. and the District Magistrate, Sitapur as Administrator Municipal Board, Sitapur, is directed against a decision of a learned single Judge of this Court under which he allowed Writ Petition No. 948 of 1972. That writ petition had been filed by Krishna Chandra Gupta respondent No. 1 as President of the erstwhile Municipal Board, Sitapur against the State of U. P. the District Magistrate, Sitapur, Sri Uma Shanker Dixit, the then Union Minister for Health. Government of India, New Delhi, Sri Dharam Datt Vaidya, Minister for Medical and Public Health U. P. Government, and Sri Abid Ali, Deputy Minister for Transport, U. P. The Municipal Board, Sitapur was also impleaded as a proforma party to this writ petition.
(2.) The allegations made by the petitioner in his writ petition so far as relevant for the decision of this special appeal were in brief that the Municipal Board, Sitapur after the General Elections held in June 1967 was constituted in June 1967 for a term of five years as provided in Section 10-A of the U. P. Municipalities Act, 1916 (to be hereinafter referred to as the Act) and that term was to last upto June 11, 1972. The petitioner was elected as President of this Board after the previous President had been removed on account of a no confidence motion passed against hint on 27-8-1968. After assuming charge as President the petitioner tried his best to improve the affairs of the Board but his efforts in that direction were not liked by those members of the Board whose self-interests were adversely affected by the petitioner's efforts to bring about improvements. Some of the members turned hostile to the petitioner. He submitted a report improve the affairs of the Board for their selfish ends. But the Government did not take any action on that report. In the meantime, these members with the help of some other members were successful in bringing a motion of no confidence against him which was fixed for consideration on 25-5-1970. In the meantime, a criminal complaint had been filed against the petitioner under Section 465 of the Indian Penal Code by some interested person and during the pendency of that complaint the petitioner was suspended from his office of President of the Board under Section 48 (3) of the Act. On account of this suspension he could not participate in the meeting held on 25-5-1970 for consideration of the no confidence motion against him. That motion was passed on that date.
(3.) The petitioner then filed the Writ Petitions Nos. 675 of 1970 and 676 of 1970 in this Court challenging the order of his suspension and the re-solution of no confidence passed against him in the meeting held on 25-5-1970. Both those writ petitions were allowed by a learned single Judge of this Court on 13-4-1971 against which special appeals are pending. The petitioner contended that he belonged to that faction of the Congress party which is known as Congress (O) while the Government of this State was headed by the other faction of the Congress known as Congress (R). In order to put pressure on the petitioner to join Congress (R) party a notice dated 14-2-72 containing some charges against the Board was sent by the Government and the Board was required to explain as to why it should not be superseded under Section 30. An explanation dated 2-3-1972 on behalf of the Board was submitted by the petitioner and thereafter nothing happened. On 7-6-1972 the existing term of the Board which was to expire on 11-6-1972 was extended for another year. The petitioner further alleged that on 11-6-1972 Sri Uma Shanker Dixit, the then Union Minister for Health, who was arrayed as opposite-party No. 3 in the writ petition, accompanied by Sri Dharam Datt Vaidya, the then Minister for local self Government, U. P. (opposite-party No. 4) and Sri Abid Ali, Deputy Minister for Transport, U. P. Government (Opposite-party No. 5) visited Sitapur and a civic address was presented to him on behalf of the Municipal Board, Sitapur which was followed by a tea party given in his honour by the Board. In the course of conversation these Ministers wanted the petitioner to make a public announcement that he had left Congress (O) and joined Congress (R) to which he did not agree and thereby incurred their displeasure. According to him this displeasure was shown by superseding this Municipal Board by the Government through a notification dated June 19, 1972 published in the U. P. Gazette dated 21-6-1972 under which the Board was superseded for a period of two years.;