JUDGMENT

Jagdish Sahai, J. - This special appeal is directed against the judgment of Gyan Chand Mathur, J. dated the 20th of April, 1966, allowing writ Petition No. 142 of 1966 filed by the respondent Mata Din Singhania (hereinafter referred to as Singhania).

2. The writ petition relates to proceedings for a motion of no confidence against Singhania who was elected President of the Municipal Board of Mughalsarai on the 30th of November, 1964. On the 10th of December, 1964, he was administered oath in the following form, by a Deputy Collector nominated by the Collector of the District (Varanasi)

"I, Mata Din Singhania, having been elected President of the Municipal Board of Moghalsarai do make oath and say/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully and honestly discharge the duties of my office."

3. This form of oath was not prescribed by the U.P. Municipalities Act, hereinafter referred to as the Act, but was provided by notification No. 1974/11A-566-48 dated September 22, 1951. On the 30th of November, 1964, an amendment was made to the Act and Sec. 43-D was inserted in it. Sub-Sec. (1) of Sec. 43-D provides the form in which the President would be required to take oath of office. That form is as follows : -

"1, A. B. having been elected a member/President of this board do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established that I will uphold the sovereignty and integrity of India, and that I will faithfully and conscientiously discharge the duties upon which I am about to enter."

4. Clearly the provisions of Sec. 43-D of the Act were not in the mind of the District Magistrate of Varanasi or of Singhania on the 10th of December, 1964, when Singhania took oath of office in the form prescribed by the notification before a Deputy Collector nominated by the District Magistrate of the district. On the 28th of December, 1964, admittedly Singhania took a fresh oath in accordance with the form provided under Sec. 43D(1) of the Act in a meeting formally convened by the District Magistrate and in his presence.

5. On the 23rd of December, 1965, the appellants Sarvsri Mohammad Rasul, Panna Lal Seth, Badri Prasad, Bhagwati Prasad, Narottam Prasad and some other members of the Municipal Board of Moghalsarai handed over to the District Magistrate of Varanasi a notice of the invention to make a motion expressing non-confidence against Singhania. The District Magistrate convened a meeting of the Municipal Board for the 22nd of January, 1966. That meeting was duly held and was presided over by a Judicial Officer as required by the provisions of Sec. 87-A of the Act. In that meeting admittedly a notice of non-confidence was passed against Singhania.

6. Singhania then moved Writ Petition No. 142 of 1966 to this court which, as already stated earlier, has given rise to the instant special appeal. That writ petition, as already stated, was allowed by Gyan Chand Mathur, J. on the 20th of April, 1966, on the following two findings : -

(1) that Sec. 87-A(14) of the Act had been infringed inasmuch as the notice for the meeting handed over to the District Magistrate, Varanasi on 23-12-1965 was not within 12 months from the date on which Singhania took fresh oath of office, e., 28-12-64; and

(2) that the oath administered by the Deputy Collector to Singhania on 10-12-1964 was of no consequence, firstly, because it was not in the form provided for by Sec. 43-D (1) of the Act, and secondly, because that oath had not been administered in a meeting of the Municipal Board duly convened by the District Magistrate.

7. Section 87-A(14) reads:

"No notice of a motion of non-confidence under this section shall be received within twelve months of the assumption of office by a President."

8. The question for consideration is on what date Singhania assumed office as President of the Municipal Board