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1992 Supreme(SC) 462

KULDIP SINGH, YOGESHWAR DAYAL
Jivendranathkaul – Appellant
Versus
Collector/district Magistrate – Respondent


Advocates:
P.K.CHAKRAVARTI, SANDHYA GOSVAMI, SATISH CHANDRA AGRAWAL

JUDGMENT

KULDIP SINGH, J.- Special leave granted.

2. J.N. Kaul was elected president of Zila Parishad, Lucknow on January 25, 1989. D.K. Anand and Nand Kishore Verma were nominated as members of the Zila Parishad. On the date of its constitution the Zila Parishad had a total of 62 members. On August 17, 1990, 56 members of the Zila Parishad moved a no-confidence motion against the president under Section 28 of U.P. Kshettra Samitis and Zila Parishads Adhiniyam, 1961 (hereinafter called as the Adhiniyam). 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 Zila Parishad for the time being ...."

The meeting to consider the motion of no-confidence was held on September 14, 1990. Thirty-four members were present at the meeting. Thirty-three members including Anand and Verma voted in favour of the motion while one member voted against and as such the motion of no-confidence was carried out against the president.

3. J.N. Kaul filed two writ petitions before the Allahabad High Court which were heard together. In the writ petitions Kaul challenged the proceedings of the meeting dated Se















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