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1967 Supreme(All) 315

SATISH CHANDRA
Indra Prakash Kapoor – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
S.C. Khare, Advocate, for the Petitioners; V.N. Khare, Standing Counsel, for the Opposite Parties

JUDGMENT

Satish Chandra, J. - This is a petition under Article 226 of the Constitution. It prays that the .order of the State Government superseding the Municipal Board of Jhansi on 11th October, 1966 be quashed and for a consequential mandamus to the respondents not to interfere with the petitioners functioning as the members of the Municipal Board.

2. General Elections for the Municipal Board were held in December, 1964 and the present board was constituted on 16th December, 1964. The petitioners and respondents 4 to 8 are the present members of the Board. Previously, the Board had a majority of Congress Party members. The President was also a Congressman. Now out of 32 members, 4 belong to the Jan Sangh, 8 were returned on Congress tickets and the rest twenty are independents. The members of the Congress Party had been making attempts to win over the in-dependent members of the present Board to join the Congress Party so that a Congress majority Board with a Congress President is constituted. On 1st April, 1966 a non-confidence motion was carried against Sri V.K. Sharma, the President of the Board. He resigned and under Section 47-A of the U. P. Municipalities Act a casual vacanc

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