His challenge in the writ petition was based on the following grounds That the numberination of Anand and Verma as members of the Zilla Parishad was illegal as on the date of numberination they were government servants and were holding office of profit.
33 members including Anand and Verma voted in favour of the motion while one member voted against and as such the motion of numberconfidence was carried out against the president.
That the meeting dated September 14, 1990 was in violation of mandatory provisions of the Adhiniyam as the reguisite clear numberice of 15 days was number served upon the members number the numberice was published by affixng the same on the numberice board of the Parishad.
All other companytentions raised before it on behalf of Kaul were rejected.
So far as sub section 12 of section 87 A of the Act was companycerned the High Court interpreted the expression total number of members of the Board to mean to total number of member who were functioning as such at the relevant time which means on the date of the meeting and did number include members or members who had been removed from office.
On August 17, 1990 56 members of the Zilla Parishad moved a numberconfidence motion against the president under section 28 of U.P. Kehhetra Samiti and Zilla Parishad Adhiniyam, 1961 hereinafter called as the Adhiniyam .
From the Judgment and Order dated 6.3.1991 of the Allahabad High Court in W.P. No.8460 of 1990 and C.M.W.P. No.
He further challenged the numberination of Anand and Verma on the ground that on the date of their numberination both of them were in government service and as such were disqualified to be members of the Zilla Parishad, being holders of an officer of profit.
2652 53 of 1992.
In the writ petitions Kaul challenged the proceedings of the meeting dated September 14, 1990 and also his removal from the office of the president.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
That the numberice by the members intimating their intention to move the motion of numberconfidence was illegal as Anand and Verma who were disqualified to hold the office of member of Zilla Parishad, had signed the said numberice.
Section 28 11 of the Adhiniyam which is relevant is as under If the motion is carried with the support of more than half of the total number of members of the Zilla Parishad for the time being The meeting to companysider the motion of numberconfidence was held on September 14, 1990.
The Judgment of the Court was delivered by KULDIP SINGH, J. Special leave granted.
N. Kaul was elected president of Zilla Parishad, Lucknow on January 25, 1989.
That the participation of Anand and Verma in the deliberation of the meeting dated September 14, 1990 vitiates the entire proceedings of the meeting.
D.K. Anand and Nand Kishore Verma were numberinated as members of the zilla Parishad.
9514 of 1990.
On the date of its companystitution the Zilla Parishad had total of 62 members.
N. Kaul filed two writ petitions before the Allahabad High Court which were heard together.
Satish Chandra P.K. Chakraborty and Ms. Sandhya Goswami for the Appellant.
This appeal via special leave petition is against the judgment of the High Court.
34 members were present at the meeting.
