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1963 Supreme(All) 64

IN THE HIGH COURT OF ALLAHABAD
V. Bhargava and B. D. Gupta, JJ.
HAJI ABDUL QAYUM - Appellant
Versus
KESHAV SARAN - Respondents
Special Appeal 763 Of 1962
Decided On : 04/04/1963

Advocates Appeared:
S.C.KHARE, S.N.KAKKAR, S.N.MISRA, V.K.MEHROTRA, V.N.Khara

Section 87A(15) of the U. P. Municipalities Act bars any challenge to the proceedings taken under Section 87A in any court.

Headnote:

U. P. MUNICIPALITIES ACT - SECTION 87A - NO-CONFIDENCE MOTION - PRESIDENT ELECTED IN CASUAL VACANCY - VALIDITY - JURISDICTION OF CIVIL COURT - WRIT OF PROHIBITION.

Fact of the Case:

A no-confidence motion was passed against the President of the Municipal Board of Amroha, Haji Abdul Qayyum, who was elected in a casual vacancy. Haji Abdul Qayyum filed a suit in the Civil Court challenging the validity of the no-confidence motion and the meeting convened for its consideration. The Civil Judge issued an interim injunction restraining the holding of the meeting. The members who had given the no-confidence motion filed a writ petition in the High Court challenging the jurisdiction of the Civil Court and seeking a writ of certiorari to quash the interim injunction, a writ of prohibition restraining the Civil Judge from proceeding with the suit, and a writ of mandamus directing the District Magistrate to hold a meeting for consideration of the no-confidence motion.

Finding of the Court:

The High Court held that the Civil Judge had no jurisdiction to entertain the suit filed by Haji Abdul Qayyum because Section 87A(15) of the U. P. Municipalities Act barred any challenge to the proceedings taken under Section 87A in any court. The Court found that the no-confidence motion was valid and that the meeting convened for its consideration was also valid. The Court further held that the petitioners were entitled to a writ of prohibition restraining the Civil Judge from proceeding with the suit.

Issues: 1. Whether the Civil Court had jurisdiction to entertain the suit filed by Haji Abdul Qayyum challenging the validity of the no-confidence motion and the meeting convened for its consideration. 2. Whether the no-confidence motion was valid. 3. Whether the meeting convened for consideration of the no-confidence motion was valid. 4. Whether the petitioners were entitled to a writ of prohibition restraining the Civil Judge from proceeding with the suit.

Ratio Decidendi: 1. Section 87A(15) of the U. P. Municipalities Act barred any challenge to the proceedings taken under Section 87A in any court. 2. The no-confidence motion was valid because it was made in accordance with the provisions of Section 87A of the Act and there was no bar to bringing a no-confidence motion against a president elected in a casual vacancy. 3. The meeting convened for consideration of the no-confidence motion was valid because there was no evidence that any of the members had not received proper notice of the meeting. 4. The petitioners were entitled to a writ of prohibition restraining the Civil Judge from proceeding with the suit because the Civil Judge had no jurisdiction to entertain the suit.

Final Decision: The High Court dismissed Special Appeal No. 654 of 1962 filed by Haji Abdul Qayyum and allowed Special Appeal No. 763 of 1962 filed by the petitioners. The Court quashed the interim injunction issued by the Civil Judge and directed the District Magistrate to hold a meeting for consideration of the no-confidence motion. The Court also issued a writ of prohibition to the Civil Judge restraining him from proceeding with the suit.

V. BHARGAVA, J.

( 1 ) THESE are two cross appeals arising out of one single petition under Article 226 of the constitution which was numbered as Writ Petition No. 2081 of 1962. The writ petition related to the passing of no-confidence motion in respect of the President of the Municipal Board of amroha. The Municipal Board of Amroha consisted of 31 members including the President. General elections for the Municipal Board of Amroha were held in the year 1957 and, at that time, one Muhammad Mian was elected as President. Subsequently, a vote of no confidence was passed against Muhammad Mian. He ceased to be the President and a casual vacancy in the office of the President was declared. This casual vacancy was filled up by an election held on 8th february, 1961. Haji Abdul Quyyum, one of the opposite-parties in the writ petition and the appellant in Special Appeal No. 654 of 1962, was the person elected as President in this casual vacancy. On 4th June, 1962, 16 members of the Municipal Board, who filed the writ petition No. 2081 of 1962 and who are respondents in Special Appeal No. 654 of 1962 and are appellants in special Appeal No. 763 of 1962, gave a notice of a motion of no confidence against Haji Abdul qayyum under Section 87a of the U. P. Municipalities Act, to the District Magistrate. On nth june, 1962, the District Magistrate passed an order directing that the meeting for consideration of the motion be held on 7th July, 1962, to be presided over by a judicial officer, the judicial officer being a Munsif. One day before the date of the meeting, i. e. , on 6th July 1962, Haji Abdul qayyum filed Suit No. 54 of 1962 in the court of the Civil Judge of Moradabad in which he joined all the other 30 members of the Municipal Board as defendants. The relief claimed in the suit was for a declaration that the motion of no-confidence was ultra vires and void and, in addition, a permanent injunction was sought restraining the 30 members from holding a meeting for consideration of that no-confidence motion. On the same date, i. e. , 6th July 1962, an application was made in connection with the suit for a temporary injunction. The injunction was sought against the District Magistrate of Moradabad restraining him from convening the meeting on 7th July, 1962, or onwards for consideration of the motion of no-confidence, and a further direction was sought against the District Magistrate to stop the meeting from being held on 7th july, 1962, in the office of the Municipal Board of Amroha for the consideration of the motion of no-confidence. The Civil Judge heard this application and passed an ex parte order on the same date, i. e. , on 6th July, 1962. The prayer, which was made in the application for temporary injunction in. the form in which it was put, was refused on the ground that the Civil Judge could not issue any injunction to the District Magistrate who had not been impleaded as a party in the suit. The Civil Judge, however, proceeded to issue an interim injunction against the 30 defendants in the suit who were all the 30 members of the Municipal Board besides the plaintiff, haji Abdul Qayyum, restraining the defendants from holding the meeting on 7th July, 1962, for discussion of the no-confidence motion or thereafter till further orders of the court. The Civil judge added a sentence directing that a copy of the order of the interim injunction be sent to the district Magistrate, Moradabad, and Munsif, Moradabad, for their information and necessary action in accordance with the law. The result of the issue of this temporary injunction was that no meeting was held for the consideration of the no-confidence motion on 7th July, 1962, even though the temporary injunction order was actually served on the defendants after 5 P. M. which was a time one hour later than the time of 4 P. M. fixed for the meeting. It appears that the members got information that the issue of such a temporary injunction had been directed by the court, so that they


















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