K. N. SINGH, J. :- A Full Bench of this Court consisting of three Judges referred this petition to a larger Bench as in their opinion certain observations made and conclusions drawn by a Full Bench of this Court in Mahesh Chandra v. Tara Chand, AIR 1958 All 374 (FB) required reconsideration. The Full Bench was of the opinion that in this case a question of gravity and general importance was involved with regard to the principles on which this Court, while exercising its jurisdiction under Article 226 of the Constitution, can in its discretion, refuse relief to the petitioner, even though it may be established that there was non-compliance of a provision of law mandatory or directory in nature. In view of the observations made by the Full Bench this writ petition has been referred to a larger Bench for decision.

2. Briefly, the facts giving rise to the petition are that Sardar Gyan Singh petitioner was President of the Municipal Board, Dhampur, District Bijnor, which is constituted of sixteen elected members and the President. The petitioner was not an elected member of the Board but by virtue of Section 49 of the U. P. Municipalities Act. 1916, he was ex-officio member of t