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1992 Supreme(SC) 422

N.M.KASLIWAL, R.M.SAHAI
Mohanlal Tripathi – Appellant
Versus
District Magistrate, Rai Bareilly – Respondent


Advocates:
A.K.GOHIL, ANIL GUPTA, H.K.PURI, SUNIL GUPTA

Judgement Key Points

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JUDGMENT

R. M. SAHAI, J.:—Validity of the no-confidence motion passed, on 28th March, 1990, under S. 87A of the U.P. Municipalities Act (in brief the Act) by the Board against the appellant, who was elected in November, 1988 by the electorate, directly under S. 43(2) of the Act, as President of Rae Bareilly City Municipal Board, having population of less than one lakh, was assailed as violative of the democratic concept of removal or recall of an elected representative by a smaller and different body than the one that elected him, in this appeal directed against the judgment and order of the Allahabad High Court rendered in a Writ Petition filed under Art. 226 of Constitution of India. Statutory arbitrariness, arising out of application of Ss. 47A and 87A of the Act to the Presidents of the Municipalities either elected by the Board of electorate as irrational and invalid of Art. 14 of the Constitution was, yet, another ground of attack. Reduction of period from two to one year during which a vote of no-confidence could be tabled against a President by ordinance issued in 1990 which later became Act was challenged for absence of any discrenible and reasonable principle and resorted



























































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