- (1.) BY the Court. - Heard learned Counsel for the petitioners.
(2.) THE only prayer of the petitioners in this petition is that the election of Vice President of Municipal Board, Baruwasagar, Jhansi be held at the premises of the Municipal building, Baruwasagar, Jhansi and not in any other place. Learned Counsel for the petitioners has relied on Section 54 - A(2) of the U.P. Municipalities Act, 1916, which states: Subject to the provisions of sub -section (4) of Section 54, the meeting for the election of the Vice -President shall be held at the office of the Municipality and on the date and time appointed by the District Magistrate. The notice of the meeting and the date and time appointed therefor shall be sent to every member of the Municipality at his place of residence seven clear days before the date fixed for the meeting. A copy of such notice shall also be published in such manner as the District Magistrate may direct, and upon such publication, every member shall be deemed to have received the notice.
(3.) LEARNED Counsel for the petitioners has laid emphasis on the word 'shall' used in the above provision. Hence he submitted that the election can only be held at the premises of the Municipal building, and not at any other place. We do not agree.;