- (1.) The Petitioners who are members of the Town Area Committee, Khair, district Aligarh, have filed this petition under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the finding that the motion of non-confidence was lost against the Chairman.
(2.) The facts which are set out in the affidavit filed in support of the petition are that the Petitioners Nos. 1 to 6 were elected as members of the Town Area Committee in the year 1953 for four years. The number of the elected members fixed by the State Government is 11 and all the 11 were duly elected as such. The opposite party No. 3 Sri Ramesh Chandra Gaur was elected Chairman of the said committee at the election held along with the general election of the members of the committee in the year 1953. By notification under Section 38 of the Town Areas Act the provisions of Sections 47A and 87A of the Uttar Pradesh Municipalities Act were made applicable to the Town Areas. On 22-6-1956 the Petitioner sent a notice in writing of their intention to make a motion of non-confidence against the Chairman and that the notice along with the copy of the motion was handed over to the District Magistrate, Aligarh. The District Magistrate fixed 23-7-1956 for the meeting to consider the said motion at 11 a.m. All the members of the Committee were duly served with the notice of this meeting. The meeting was to be presided over by Sri R.C. Saxena, Civil Judge. The meeting was duly held on 23-7-1956 at 11 a.m. under the presidentship of the opposite party Sri R.C. Saxena. After discussion the motion was put to vote and the Petitioners Nos. 1 to 6 voted for the motion and the remaining five members voted against it. The Chairman also gave his vote against the non-confidence motion. A protest was raised by the Petitioners that the Chairman had no power to vote but that was turned down by the Presiding Officer in view of certain letter dated 21-7-1956 received from the under Secretary to the Uttar Pradesh Government. The opposite party No. 2 Sri Ramesh Chandra Saxena declared the motion defeated. A copy of the minutes of the meeting together with a copy of the motion was sent to the opposite party No. 1 the State Government by the District Magistrate, Aligarh. The opposite party No. 3 is continuing as Chairman of the Town Area Committee and he has neither tendered his resignation nor the State Government has removed him. On these facts it is stated that the findings given by the Civil Judge that the Chairman was entitled to vote and taking his vote against the motion declaring the motion having been lost be quashed.
(3.) Notices have been issued to the opposite parties and counter-affidavits have been filed in which it is suited that the Chairman was a constituent part of the Committee and as such was entitled to vote and the Civil Judge rightly allowed him to vote. It is contended the complaints made against the Chairman were not true.;