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 vacancy was declared.

3. On 6th June, 1966, the District Magistrate, Jhansi served on the Municipal Board a charge sheet asking the Board to show cause within two weeks as to why it should not be superseded on the ground that it has exceeded or abused its powers and has a made wilful defaults in the performances of the duties imposed upon it under the Municipalities Act. The accompanying charge-sheet ran as follows:

"The financial condition of the Board has deteriorated to such an extent that the Board is not able to fulfil its statutory obligations. Under Section 7(i) (qq) of the U. P. Municipalities Act, 1916, it is an obligatory duty of a Municipal Board to maintain its finances in a satisfactory condition and meet its liabilities but the board has not only made wilful defaults in the performance of this duty but it has also committed serious financial irregularities and thus exceeded or abused its powers as will be evident from the following instances:

1. Under Section 101 of the U. P. Municipalities Act, 1916 read With the instructions below the rules printed on pages 325-26 of the Municipal Manual Volume I (1952 edition) the Municipal Board Jhansi is required to maintains a minimum working balance of Rs. 1,03,2001/- and a reserve balance of Rs. 21,0001/- but on October 31, 1965, the Board has a cash balance of Rs. 38,267.77 only, and the total balance including permanent advance, invested amounts and meter securities was Rs. 69,242.77, which was far below the amount of Rs. 1,24,2001/- comprising the minimum working balance and the reserve balance.

2. The Municipal Board, Jhansi was required to contribute an amount of Rs. 2,68,3641/- for road improvements as matching contribution to Government grant for the purpose. The Board failed to give the matching contribution in accordance with the conditions laid down in the orders sanctioning the grants.

3. The Municipal Board, Jhansi has failed to utilise in a proper manner the road grants and education grants given to it. Out of the Government grant sanctioned in the past, there ought to have been an unspent balance of Rs. 4,01,956 on October 1, 1965. But on this date there was a cash balance of Rs. 38,267.77- only with the Board, which proves that the Board misutilised the unspent balance of the Government grants for purposes other than those for which these were sanctioned.

4. The Municipal Board submitted an explanation on 19th of June, 1966 refuting the various charges made against it. Mean-while a notification was issued on 16th July, 1966 fixing 26th July, 1966 for nomination of candidates for the office of the President of the Municipal Board. 3rd August, 1966 was fixed for the poll. The petitioners allege that the local congressmen made great effort to impress upon the Members of the Board that they sh