1975 (3) TMI 146 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the no-confidence motion and subsequent vacancy of the President's office.
2. Compliance with statutory provisions for election notification.
3. Effect of non-compliance with statutory provisions on the election.
4. Discretionary relief under Article 226 of the Constitution.

Issue-wise Detailed Analysis:

1. Validity of the No-confidence Motion and Subsequent Vacancy of the President's Office:
The Petitioner was elected as President of the Municipal Board Soron in a bye-election held in 1971. On 1st February 1974, a no-confidence motion was passed against the Petitioner, resulting in the office of the President falling vacant. This vacancy was duly notified, and the District Magistrate issued notices for a bye-election to fill the position.

2. Compliance with Statutory Provisions for Election Notification:
The Petitioner challenged the election procedure, arguing that the Gazette notification dated 21-9-1974 was not printed until after 25th September 1974. This contravened paragraph 6 of the U.P. Municipalities (Conduct of Election of President and Election Petitions) Order 1964, which mandates that the date for filing nomination papers must be at least four days after the notification date. The Court verified that the Gazette was indeed issued on 24th September 1974, making the nomination date of 26th September 1974 non-compliant with the statutory requirement.

3. Effect of Non-compliance with Statutory Provisions on the Election:
The Court held that the provisions of paragraph 6(1) of the 1964 Order are mandatory. The dates for filing nomination papers and other election-related activities must be fixed through a notification published in the Official Gazette. Since the Gazette containing the notification was published on 24-9-1974, the date fixed for filing nominations (26th September) did not comply with the four-day requirement, rendering the election process invalid.

4. Discretionary Relief under Article 226 of the Constitution:
The Respondents argued that the election should not be interfered with under Article 226, as the Petitioner could seek remedy through an election petition under Section 43-B of the U.P. Municipalities Act. However, the Court noted that the Petitioner had promptly approached the Court before the election took place and had challenged the election programme's validity. The Court had earlier directed that the election results would be subject to the writ petition's outcome, implying that if the petition had merit, the election would be invalid. The Court decided to exercise its extraordinary jurisdiction under Article 226, setting aside the election proceedings.

Conclusion:
The petition was allowed, and the election of the Respondent as President of the Municipal Board Soron held on 1st October 1974 was set aside due to non-compliance with the mandatory statutory provisions for election notification. The Court exercised its discretionary powers under Article 226 of the Constitution, providing relief to the Petitioner.