S.C. Mathur, J. - (1.) Opposite parties in a writ petition filed by respondent No 1, Sri Rama Shankar Prasad, have preferred the instant appeal to challenge two orders passed by a learned Single Judge of this Court in the writ petition which is still pending The first order is dated 2nd February, 1983, whereby operation of the resolution dated 31st May, 1990, impugned in the writ petition has been stayed and a direction has been issued that respondent No. 1 will be permitted to work as President Nagar Palika, Deoria. By the second order dated 17th February, 1993, application for recall of the order dated 2nd February, 1993, has been rejected. The appeal has arisen in the circumstances hereinafter indicated.
(2.) Respondent No. 1 was elected President of Nagar Palika, Deoria in November 1988, on 30th April, 1990, 14 members of the Palika gave notice to this District Magistrate, Deoria, of their Intention to move motion of no confidence against respondent No. 1. The District Magistrate issued notice on 16th May, 1990, fixing 31st May, 1990, as the date for consideration of the no confidence motion. Aggrieved by the action of the District Magistrate, respondent No. 1 filed writ petition No. 15952 of 1990 in this Court on 28th May, 1990. In this writ petition he challenged the validity of the notice issued by the District Magistrate as also the vires of U.P. Urban Local Self Government Laws (Amendment) Ordinance, 1990 (No. 8 of 1990), and the entitlement of respondents 14, 16, 17 and 19 to give the notice referred to hereinabove and to participate In the proceedings of the meeting convened on 31st May, 1999. The case of respondent No. 1 was that they had been nominated in view of Ordinance No. 8 of 1990 and since the Ordinance was invalid, they also could not claim to be valid members of the Palika and consequently they were not entitled either to give notice of the motion to the District Magistrate nor were they entitled to participate in tho proceedings for consideration of tho motion. In this writ petition, an application was made praying for the following interim reliefs : (i) Holding of meeting on 31st May, 1990 to consider this confidence motion be stayed. (ii) Respondents 14, 16, 17 end 19 be restrained from participating in the proceedings of the meeting convened for 31st May, 1990 and (iii) Operation of Ordinance No. 8 of 1990 issued on 12th April, 1990 be stayed. No Interim order was passed and consequently the meeting was held on 31st May, 1990 and this motion of no-confidence was considered All the 14 members, who had been the notice of the motion of no-confidence, were present and all of them voted in favour of the motion. The motion was accordingly carried through The writ petition, which was filed on 28th May, 1990 was admitted for hearing on 2nd June, 1990. Even on this date, no interim order was passed. After the motion of no-confidence had been adopted, respondent No. 1 filed writ petition No. 15898 of 1990 to challenge bis ouster from office through the no-confidence motion In this writ petition also, an application for interim relief was filed but, although the writ petition was admitted on 5th June, 1990, no interim order was passed. The application for interim relief, however, remained pending. On 14th December, 1990. Both the petitions filed by respondent No. 1 were connected with effect from 6th February, 1991, Sri Ramayan Rao. appellant No. 1, who was Vice-President of the Palika started officiating as its president.
(3.) Respondent No. Is earlier writ petition No. 15952 of 1990, which was directed against the notice of no-confidence motion, was dismissed on 28th August, 1991, by a Division Bench relying upon the decision in Naresh Kumar Maheshwari v. State of U.P. and others, (1992) 1 UPLBEC 380. This case was decided by a Division Bench comprising the same learned Judges before whom respondent No. ls writ petition came up for hearing on 28th August, 1991.;