- (1.) THIS petition under Article 226 of the Constitution has been presented by Purushottam chandra who was elected as a member of the Municipal Board of Ghaziabad on 1-11-1953.
(2.) IT appears that some land within the limits of the Municipal Board of Ghaziabad was acquired under the Land Acquisition Act for the development schemes of the municipal board by a notification issued in the U. P. Gazette on 10-7-1947. On part of this land, the petitioner started constructions which he called a 'dharamshala'. These constructions were started without complying with the provisions of S. 178, U. P. Municipalities Act, 1916. A statement about compensation payable to the owners of the land was prepared and sent with a report by the Land acquisition Officer to the Collector. That report is dated 14-10-1952. The report mentions that, on this land, a building known as Dharamshala, constructed by the petitioner, was standing. The officer, sending the report, was of the opinion that since the constructions were made after the notification relating to acquisition of land, the petitioner was not entitled to any compensation in respect of this building. It was, however, suggested that it may not be necessary to have the building removed and the building may be taken over without payment of any compensation whatsoever. It was stated by learned counsel for the petitioner that this recommendation in the report was accepted fay the Collector and was made a part of the award. Even subsequently, the petitioner obtained a permit for 200 bags of cement from the Planning Officer on 2-1-1953. There were thereafter some reports to the authorities and to the Government, as a result of which, on 27-12-1953, this site was inspected by Shri D. N. Tandon, Deputy Collector posted at ghaziabad, who gave a report that the work on this 'dharamshala' had been started again from 23-11-1953. At the time when he went for inspection, he found that the building had already been constructed and the labourers were plastering the floor and roof of the building. Thereafter, on 27-4-1954, a charge, which was communicated to the District Magistrate of meerut by the Assistant Secretary to Government, U. P. Municipal Department, was served on the petitioner by the District Magistrate. The charge was that "the petitioner had contravened the provisions of Section 178, U. P. Municipalities Act, 1916, and the building bye-laws made thereunder when soon after his election as a member of the ghaziabad Municipal Board he re-started on 28-11-1953, the unauthorised construction of a building on plot No. 827 of land outside Sihani Gate, which land had been acquired by government for the Ghaziabad Municipal Board for their development schemes. Being in full knowledge of these facts, he had, by his said action, so flagrantly abused his position as member of the Board as to render his continuance as member detrimental to public interest. " The Government also passed an order on 8-5-1954, suspending the petitioner from membership of the Ghaziabad Municipal Board pending enquiry into the charge mentioned above. The petitioner on these facts moved this petition in this Court on 17-5-1954. In this petition, as originally moved and subsequently amended, the following four prayers have been made: " (1) That the respondent No. 1 be ordered by a writ of 'prohibition' (to refrain from passing any orders pursuant) to Section 40 (3), U. P. Municipalities Act of 1916. Note -- The part within the brackets does not occur in the original petition presented in this court but learned counsel for the petitioner read out this part from his copy in order to explain what this prayer in the original petition was really to be as the prayer actually put in the petition appeared to be meaningless. (2) That the order of suspension under Section 40 (5) of the said Act be kept in abeyance pending the determination of this petition and the order of suspension be quashed. (3) That the respondent No. 1 be further ordered to hold an enquiry into the allegations against the petitioner through a Judicial Officer. (4) That the elections of Vice-President of the Municipal Board, Ghaziabad, held on 25-5-1954, and of the committees held on 25th and 26th May, 1954, be declared null and void and the persons so elected be restrained by an order from functioning as such Vice-President and chairman and Members of the Committees. " The opposite parties in this petition are only three in number, viz. , the State of Uttar Pradesh, the district Magistrate, Meerut District, Meerut, and Shri Ramanuj Dayal, President, Ghaziabad municipal Board, Ghaziabad.
(3.) THE first point, that has to be noticed, is that prayer No. 4 in the petition cannot be granted to the petitioner as the persons sought to be restrained from functioning as Vice-President, chairman and Members of the committees, have not been impleaded as opposite parties in the petition. Obviously, no writ or direction can issue to them without impleading them as opposite parties to this petition. Therefore, so far as this prayer is concerned it need not be considered on merits at all.;