- (1.) The actual controversy involved in this petition centres round a notice dated 2nd October, 1990 issued by the District Magistrate Bijnor, under Section 87-A (3) of The U.P. Municipalities Act 1916 (for short the Act) to all members of Municipal Board Chandpur, Bijnor, convening a meeting of the Board to consider a motion of no confidence against the President of the Municipal Bmrd Chandpur Bijnor (hereinafter referred to as the Board).
(2.) Relevant facts of the case in brief are that the petitioner was duly elected President of the Board. On receipt of written notice of intention to make a motion of non-confidence in its President, the District Magistrate Bijnor convened a meeting of the Board firstly on 4-10-1990 and thereafter it was fixed for 7-10-1990. The notice of meeting fixed for 7-10-1990 was issued under the signature and seal of District Magistrate Bijnor on 2nd October, 1990.
(3.) This petition was taken up by this Court on 5-10-1990 and an Interim order was passed on that very date, relevant portion of which is as follows l "The case of the petitioner is that the members of the Municipal Board have not been seven days clear notice as required under sub-section (3) of Section 87-A of the Municipalities Act. In view of this argument we direct that let meeting for consideration of motion of no confidence against the President of Municipal Board, Chandpur may take place. However, la case motion of no confidence is carried out against the President, the said resolution passed in that meeting shall not be given effect till 11th October, 1990.";