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1963 Supreme(All) 64

B.D.GUPTA, V.BHARGAVA
HAJI ABDUL QAYUM – Appellant
Versus
KESHAV SARAN – Respondent


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

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 confid


















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