JUDGMENT

G. C. Mathur, J. - The petitioner was elected a member of the Municipal Board, Bisalpur, district Pilibhit, in November, 1964. On February 11, 1966, the District Magistrate, Pilibhit sent a letter to the petitioner, stating that the Chairman, Municipal Board, Bisalpur, had reported that action for removal of the petitioner under Sec. 40 of the U.P. Municipalities Act be taken as he had not attended the meetings of the Board held from August 28, 1965 to January 15, 1966, for a period of over three months and asking the petitioner to report as to why the Commissioner should not be moved to take action against him. The petitioner submitted a reply to this letter, explaining that he had fallen seriously ill in August, 1965, on account of some heart ailment and had been advised to take complete rest for at least six months. He appended a medical certificate to his reply. He further explained that he had sent a note to the President of the Municipal Board through Shri Tufail Ahmad, informing him that he was ill. On April 23, 1966, the petitioner received a notice from the Commissioner, Rohilkhand Division, Bareilly, stating that it had been reported to him that the petitioner had