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1966 Supreme(All) 133

R.S.PATHAK, S.N.DWIVEDI
Abdul Latif Nomani – Appellant
Versus
Commissioner Gorakhpur – Respondent


Advocates:
S.C. Khare, for Appellant; M.N. Shukla and L.P. Naithani, for Respondent.

Judgement

PATHAK, J. :- The Municipal Board of Maunath Bhanjan in the district of Azamgarh consists of the President and twenty elected members. Written notice of the, intention to make a motion of non-confidence against the appellant Abdul Latif Nomani. President of the Board, was presented to the District Magistrate, Azamgarh. on May 30, 1966, and the District Magistrate convened a meeting on July 3, 1966, for consideration of the motion. Notice of the meeting was despatched to the members of the Board by registered post on May 31, 1966. It appears that on June 10, 1966 the Commissioner of the Gorakhpur Division issued a notice In Sanaullah Sardar and Mohammad Yusuf two members of the Board, purporting to charge them with absence from four consecutive meetings of the Board on different dates without obtaining the sanction of the Board and calling upon them to enter a statement of their defence by June 26, 1966. On July 1, 1966, the Commissioner made an order removing Sanaullah Sardar and Mohammad Yusuf from membership of the Board. The meeting for consideration of the motion of non-confidence was held on July 3, 1966. It was presided over by Sri B.N. Misra, Additional Civil Judge.





































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