JUDGMENT

G.C. Mathur, J. - Sec. 9 of the U.P. Municipalities Act, 1916 (hereinafter referred to as the Act) lays down that the normal composition of a municipal board shall be a President and elected members who shall be not less than 10 and not more than 40 as may be notified by the State Government in the official Gazette. Sec. 10 empowers the State Government to vary the normal composition by declaring by notification that a municipal board shall be constituted of nominated members, elected members and a President. The Municipal Board of Naini Tal has throughout been constituted under Sec. 10. Under a notification dated November 29, 1963 (Annexure VI to the counter-affidavit) filed by the Municipal Board) as corrected by the notification dated December 2, 1964 (Annexure VII to the same counter-affidavit), the Municipal Board of Naini Tal was to consist of a President, four nominated members and 11 elected members (out of whom two were to be of the scheduled castes).

2. On May 30, 1971, elections for the Municipal Board of Naini Tal took place and 11 persons were declared elected. On June 7, 1971, the State Government nominated four per-sons to the Board. By a notification publish