V.K. Khanna, J. - (1.) Nagar Palika, Bhadohi is a city board declared under Section 3 of the U.P. Municipalities Act. On 12th November, 1989 elections were held for electing 16 members and a President of the Nagar Palika. Petitioner was elected as President of the Nagar Palika, Bhadohi in the said election by the electors along with 16 members. On 10th April, 1990 two members of the Negar Palika presented before the District Magistrate, Varanasi a motion of non-confidence against the petitioner. The District Magistrate, Varanasi issued a notice on 28-7-1990 to the petitioner and the members of Nagar Palika, Bhadohi that the meeting shall be held on 10th August, 1990 for considering the motion of no confidence against the petitioner. Petitioner filed the present writ petition praying that the respondents be restrained from holding any meeting on 10th August, 1990 on the grounds that the provisions of Section 87-A of the U.P. Town Areas Act do not apply to the case of the petitioner and are redundent in cases where the President of the Municipal Board is elected directly by the electorate on the basis of adult franchise. It was also alleged that the provisions of Section 87-A of tho Act are arbitrary and unreasonable and violative of Article 14 of the Constitution.
(2.) By means of an amendment application certain more grounds were added. It was urged that the Stare Government had no power or authority to cancel the nominations of the nominated members unless and until they acquire any disqualification and the procedure given in the Act is followed It was also urged that the cancellation of the nomination of Shrimati Geeta Devi and Shrinath as members of the Nagar Palika are totally illegal and arbitrary Holding of the meeting for considering the motion of non-confidence against the petitioner was also challenged on the ground that the two members who were initially nominated were entitled to receive the notice of the meeting and that the participation of the illegality nominated members by the State Government would make the proceedings of the meeting for consideration of motion of non-confidence illegal.
(3.) We have heard Sri A. Kumar counsel appearing for the petitioner end Sri R.C. Srivastava counsel appearing for the contesting respondents.;