Surendra Narain Dwivedi, J. - (1.) The Municipal Board of Farrukhabad - -Fatehgarh consists of 25 members. The petitioner. Dr. B.N. Sarin, was its President and accordingly, an ex officio member of it. On September 9, 1966, a resolution of no -confidence was passed against him. He says that the resolution is illegal and ineffective inasmuch as the meeting of the Municipal Board m which it was passed was convened illegally.
(2.) His contention is founded on the circumstance that no notice of the meeting was ever sent to him. The meeting convened without notice even to a single member is illegal. He has sought to support his contention by authorities: W. Smyth v/s. H.F. Darley, (1849) 9 ER 1293, Dobson v/s. Fussy, (1831) 131 E.R. 117 Young v/s. Ladies Imperial Club, 1920 2 KB 523, Radha Kishan Jaikishan v/s. , Hari Dutt Bahuguna v/s. State of U. P., Civil Misc Writ No. 2427 of 1959 D/ -19 -11 -1959 by Tandon J (All.) and K. N. Misra v Chancellor. University of Allahabad Civil Misc. Writ No. 1501 of 1965 D/ -3 -12 -1965 : (AIR 1967 All. 107).
(3.) Respondents admit that no notice of the meeting was sent to him. But their contention is that he had full knowledge of the date, time, place and purpose of the meeting and that accordingly the omission to send a notice of the meeting to him is not a material consideration. They also say that as he had full knowledge of the meeting and willfully abstained from attending the meeting, he should not be permitted to challenge the resolution of no -confidence for want of notice only. For this purpose they rely on a decision of Mr. Justice B.N. Nigam in Radhey Shyam Maheshowari v District Magistrate Hardoi Civil Misc. Writ No. 50 of 1966 D/ -28 -1 -1966 (All.).;