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1991 DIGILAW 1496 (ALL)

Nasrat All Khan v. District Magistrate, Bareilly

1991-12-09

D.S.SINHA, S.K.DHAON

body1991
JUDGMENT S.K. Dhaon, J. - The petitioner alleges himself to be an elected Chairman of the Town Area Committee Rithora. It is averred that 9 other persons were elected as members of the Committee. The State Government nominated Sri Deena Nath as a member of the Committee to represent the Safai Mazdoor class. Thereafter U. P. Ordinance No. 2 of 1990 was promulgated. It was followed by U. P. Ordinance No. 8 of 1990. This Ordinance has been replaced by U. P. Act No. 19 of 1990. The said Act contains the same provisions which were to be found in the U. P. Ordinances No. 2 and 8 of 1990. The Ordinances purported to introduce certain amendments in Section 5 of the U. P. Town Areas Act, in so far as it provided that at least two women representing the women as a class should be nominated as members of the Committee. It retained the original provision that one member representing the Safai Mazdoor class should also be nominated as a member of the Committee. In pursuance of the said provision the respondent No. 2 and 2 women were nominated as members of the Committee. Thus, according to the petitioner himself on the relevant date the total membership of the Committee was J3, including the petitioner (the Chairman). 2. It is the petitioner's own case that 7 members of the Committee including the respondent No. 2 submitted a motion of no-confidence in the petitioner. The District Magistrate sent notices for convening a meeting of the Committee on 28th June, 1900 to consider the said motion. Before the meeting could be held, the petitioner came to this Court and obtained an interim order. 3. It is contended that the U. P. Town Areas Act does not signify as to who should be treated as a member of the Safai Mazdoor class and, therefore, arbitrary powers have been conferred on the State to nominate such a member. This contention is not correct. The Explanation to t.be second proviso to sub-section (2) of Section 5 laid down that a person shall be deemed to belong to the Safai Mazdoor class if he belongs to such a class of scavengers by occupation or to such of the Scheduled Castes traditionally following such occupation as may be notified by the State Government. 4. The Explanation to t.be second proviso to sub-section (2) of Section 5 laid down that a person shall be deemed to belong to the Safai Mazdoor class if he belongs to such a class of scavengers by occupation or to such of the Scheduled Castes traditionally following such occupation as may be notified by the State Government. 4. The second contention is that the amendment introduced in subsection (14) of Section 87-A to the U.P. Municipalities Act to the effect that now a notice of a motion of no confidence can be received within one year of the assumption of the office by a Chairman instead of two years, as was the former provision, is arbitrary. No argument has been advanced in support of this contention. For reasons given in our judgment in Writ Petition No. 11114 of 1990. Dr. Smt. Roma Mishra v. State of U.P. and others, decided today (Reported in (1992) 1 UPLBEC 92 we repel this contention. Similarly we do not find any substance in the argument that the law as it stands now to the effect that the motion of no confidence shall be deemed to have been carried when it has been passed by a majority of more than one half is bad. A person has neither a fundamental right nor a common law right to be the Chairman of a Town Area Committee. Such a right flows from the provisions of the Town Areas Act itself. No objection can be taken to the introduction of the change introduced by the Legislature under a valid enactment. 5. We find no force in this petition. It is dismissed. The interim order dated June, 1990 is vacated. 6. There shall be no order as to costs.