VISHWANATH TRIPATHI AND ANOTHER Vs. THE STATE OF UTTAR PRADESH AND OTHERS

JUDGEMENT

(1.) VISHWANATH Tripathi, the first Petitioner, was elected President of the Municipal Board of Gaura Barhaj in December, 1964. Mewa Lal, the second Petitioner, is a member of the Board. Upon receipt of a written notice of intention to make a motion of non -confidence on the President, the District Magistrate convened a meeting of the Board for consideration of the motion for March 27, 1966. The temporary Civil and Sessions Judge, Deoria, presided over the meeting and the motion was passed by ten votes to five. The second Petitioner was absent from the meeting.

(2.) THE Petitioners pray for certiorari quashing the proceedings of the meeting and for mandamus directing the Respondents, who include the District Magistrate, Deoria and other members of the Board, from interfering with the first Petitioner functioning as President.

(3.) SECTION 87 -A(3) lays down the duties imposed upon the District Magistrate in the matter of convening such a meeting. He is required to convene the meeting at the office of the Board on the date and at the time appointed by him which must not be earlier than thirty and not later than thirty five days from the date on which the notice of intention to make the motion of non -confidence is delivered to him. Then follows a provision of some importance to this petition.