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1975 Supreme(All) 455

HARISWARUP, HAMID HUSAIN
Dinesh Chandra Garg – Appellant
Versus
District Magistrate, Meerut – Respondent


Advocates:
Gyan Chandra Dwivedi, P.L. Agyan, S.C. Khare, for Appellants; R.B. Mehrotra and S.N. Kakkar, for Respondents.

Judgement

HARI SWARUP, J.:- This special appeal has been filed against the judgment of the learned Single Judge by which he dismissed the petitioner's writ petition challenging the motion of no-confidence passed against him. The petitioner was elected President of the Municipal Board, Ghaziabad. A notice of no-confidence was given to the District Magistrate by certain members of the Board. In pursuance thereof the meeting was held on 24-8-1973. At that meeting the motion was declared carried.

2. Before the learned single Judge the petitioner had challenged the proceedings on various grounds. But before us the learned counsel has confined his arguments on the interpretation of sub- section (9) of Section 87-A of the U. P. Municipalities Act. According to the learned counsel the manner of voting adopted by the presiding officer was inherently confusing and was thus not capable of bringing out correct results. At the time of the meeting one of the members prayed that the voting should not be done openly but by secret ballot. The prayer was accepted by the Presiding Officer. After explaining the method of voting the Presiding Officer went to his ante-chamber and called the voters one by







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