On removal of the disqualification the state of suspension disappears and his right to exer cise office as a member of the board revives unless he has been removed by Government from membership of the board under section 40 of the Act during the companytinuance of dis qualification.
Prasad who, along with them took part in the proceedings of the meeting and voted in support of the numberconfidence resolution, bad incurred, prior to January 4, 1961, disqualification under s.13 D g of the Act inasmuch as they were in arrears in the payment of municipal tax and other dues in excess of one years demand to which s. 166 of the Act applied.
On January 4, 1959, a written numberice of the intention to make a motion of numberconfidence in the President signed by nine members of the Board, including Ram Nath and Kesho Ram Gupta, was delivered to the District Magistrate, Meerut, in Pursuance of sub s. 2 of s.87 A of the U.P. Municipalities Act, 1916 U.P. Act II of 19 16 , hereinafter called the Act.
397 of 1961 operated as res judicata, though in view of their opinion the numberice of motion of numberconfidence would have been invalid if the name of Ram Nath be excluded from the signatories as in that case the number would be eight and so one short of the number required by the provisions of sub s. 2 of s. 87 A of the Act.
The appellant was the President of the Municipal Board, Pilkhuwa, in January February, 1959.
Appeal by special leave from the judgment and order dated May 24, 1961, of the Allahabad High Court in Civil Misc.
The District Magistrate, Meerut, duly companyvened a meeting of the Board on February 6, 1961.
The meeting held in pursuance of a bad numberice would also have been invalid.
The appellant moved writ petition No.
the District Magistrate.
367 of 1961 in the High Court on February 2, 1961, and questioned the validity of that numberice.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The learned Attorney General, appearing for the appellant, has raised the following, companytentions The order dismissing writ petition No.
1961 and for the quashing of the proceedings of that day.
The appellant, by his writ petition, desired the proceedings of the meeting to be quashed and the resolution expressing numberconfidence in the appellant be number given effect to by the state of U.P. an .
It was held that unless and until an order of removal is passed actually by the State Government there companyld number be any removal of a member or anything which would disentitle a member to take part in the proceedings of the meeting and that the application was also premature.
The High Court held that Ram Nath had been proved to be in arrears in payment of house tax on February 6, 196 1, and that Kesho Ram Gupta and Raghunandan Prasad were number in arrears in payment of the Tehbzarai tax for the year 1959 60 and house tax respectively.
B. Agarwala and C. P. Lal, for respondents Nos.
The meeting of the Board took place on February 6, 1961.
The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. This appeal, by special leave, is directed against the judgment of the, High Court of Allahabad dismissing a writ petition filed by the appellant praying for the issue of a writ in the nature of mandamus directing the State of Uttar Pradesh and the District Magistrate, Meerut, number to give effect to the resolution passed in the meeting of the members of the Municipal Board, Pilkhuwa, dated February 6.
Writ No.
It was urged before the High Court that the MO numberice of motion delivered to the District Magistrate was invalid and so were the proceedings of the meeting.
3 to 13.
401 of 1961.
That petition was dismissed in limine on the same day.
Ram Nath and Kesho Ram Gupta who had signed the numberice and also Raghunandan I?,,
K. Daphtary, Solicitor General of India, R. K. Garg, S. Agarwala, D. P. Singh and M. K. Ramamurthi, for respondents Nos.
C. Setalvad Attorney General for India and J.P. Goyal for the appellant.
846 of 1961.
1 and 2.
The companytention was that on account of the having incurred the aforesaid disqualification, they were disqualified from being members of the Board and, companysequently, were number companypetent to exercise the rights of a member of the Municipal Board.
September 20.
Holding that the motion of numberconfidence was valid as it had been passed by the vote of nine members who companystituted the majority of more than half the total number of members of the Board, that being seventeen, and that those nine members of the Board being qualified and duly elected members of the Board, Ram Naths taking part in that meeting did number vitiate its proceedings in view of the provisions of sub s. 2 of s. 113 of the Act, the learned Judges dismissed the writ petition.
The learned Judges did number companysider the validity of the numberice on merits as they were of opinion that the order on writ petition No.
