JUDGMENT

Satish Chandra, J. - This petition under Article 226 of the Constitution pray that the order passed by the Commissioner of Merrut on 6th October, 1967, be quashed and further the Civil Judge, Roorkee, be directed to prepare a fresh minute of the meeting of the Municipal Board in relation to the resolution of no confidence tabled against the President.

2. The petitioner was elected member of the Municipal Board, Hardwar, in 1961. , The Municipal Board consists of 21 members including the President. On 4th September, 1967, the petitioner along with respondent No. 7 presented to the District Magistrate a notice for convening a meeting of the Board to consider the motion of no confidence against the President of the Board. The District Magistrate thereupon convened the meeting of the Board for 6th October, 1967. Sri S.D.N. Sahi. Civil Judge, Roorkee, was nominated to preside over the meeting. After the commencement of the meeting the President of the Board, respondent No. 5. placed before the ' Presiding Officer a copy of an order of the , Commissioner dated 6th October, 1967, suspending the petitioner. The order purported to be under Section 40 (6) of the U.P. Municipalities A