JUDGMENT B. P. Jeevan Reddy, CJ. - A Division Bench of this Court comprising one of us (V. N. Khare, J.) and J. K. Mathur, J, has referred two questions for the consideration of Full Bench. They are: (i) Whether election of senior and junior Vice Presidents in a duly constituted Municipal Board, the President of which has been elected and is willing to conduct election, can be held under the provisions of Section 54(1) of the U.P. Municipalities Act by a special resolution ? (ii) If so, whether such election has to be held within a period of three months from the date of constitution of the Board or occurrence of vacancy ? If so, whether the election after the expiry of the aforesaid period has to be held under the provisions of Section 54A of the U.P. Municipalities Act ? 2. Though a number of writ petitions are referred to Full Bench, it would be sufficient if we state the facts in two of them, viz., W. P. No 9097 of 1990 and W. P.. No. 6774 of 1989. The facts in W.P. No. 9097 of 1990 are to the following effect. 3. The election of Municipal Board, Hardwar took place on 1011989. The Chairman was elected on 321989. Oath of office was administered to the members on 721989. On 2021989, a notice was issued by the Executive Officer convening a meeting of the Board for electing senior and junior Vice Presidents on 2521989. At the meeting so held, presided over by the Chairman of the Municipal Board, respondents 3 and 4 were elected as senior and junior Vice Presidents respectively. The ejection of the junior and senior Vice Presidents is challenged in this writ petition on the ground that the meeting, at which they were elected, not having been convened in accordance with the provisions contained in subsections (2) to (9) of Section 54A of U.P. Municipalities Act, the election is void. Respondents' case, however, is that the meeting Has been rightly convened, as contemplated by subsection (1) of Section 54, and the election of junior and senior Vice Presidents at the said meeting by special resolution, as provided by the said subsection, is perfectly in order. 4. Respondents' case, however, is that the meeting Has been rightly convened, as contemplated by subsection (1) of Section 54, and the election of junior and senior Vice Presidents at the said meeting by special resolution, as provided by the said subsection, is perfectly in order. 4. W. P. No. 6774 of 1989 relates to the validity of election of senior and junior Vice Presidents of the Municipal Board, Ballia who too were elected as provided by Section 54(1). The Two grounds on which it is challenged are: (i) That the meeting, at which the senior and junior Vice Presidents were elected, was not convened in accordance with the provisions contained in subsections (2) to (9) of Section 54A of the Act, and (ii) That, in any event, since their election was not held within three months of the constitution of the Board, it could not have been held in accordance with subsection (1) of Section 54, it ought to have been held only in accordance with subsections (2) to (9) of Section 54A. 5. It is in the light of the above facts that the Division Bench has Stated the aforesaid two questions for consideration by the Full Bench. The reference is primarily occasioned by the fact that the Division Bench did not agree with the view expressed by an earlier Division Bench in Municipal Board, Bachhrawan v. Divisional Commissioner, Moradabad (1989(2) UPLB and EC 248) which practically upholds the petitioners' contention. The later Division Bench, however, was inclined to uphold the respondents' contention, 6. The U. P, Municipalities Act was enacted in the year 1916. It has undergone several amendments from time to time. We shall refer to those provisions, which are relevant for the present controversy. Section 6 of the Act provides for the incorporation of the Municipal Boards and their general functions. It says that in every Municipality, there shall be a Municipal Board, which shall be a body corporate, having perpetual succession and common seal, vested with the power of acquiring, holding and transferring properties and of entering into contracts. Section 9 provides for the composition of the Board. It consists of the President, elected members and exofficio members. Section 10AA contains temporary provisions relating to administration of a Board until a new Board is constituted. Section 9 provides for the composition of the Board. It consists of the President, elected members and exofficio members. Section 10AA contains temporary provisions relating to administration of a Board until a new Board is constituted. It says that where the term of a Board has expired and a new Board has not been constituted, all the powers, functions and duties of the Board, its President and its committees shall be vested in and be exercised, performed and discharged by an officer, appointed in that behalf by the State Governments called the Administrator. Elections to the Board are held under the supervision of Director of Elections (Local Bodies), vide Section 13B. Section 43 provides for election of President of the Board. This Section has undergone amendments from time to time. Prior to its amendment by U.P. Act No. 17 of 1982, it provided that the President shall be elected by electors in the Municipality (vide subsection (1). In other words, President was elected directly by electors of the Municipality, and not by members of the Board. (It may be stated that prior to Act 41 of 1976, President was elected by members of the Board). By virtue of Act 17 of 1982, the mode of election of President depends upon classification of the Board. In the case of a Board of a city other than a city declared as such under Section 3, its President is elected by members of the Board. In other cases, President is elected by electors in the Municipality. Section 44A provides that if a causal vacancy occurs in the office of President owing to death, resignation or any other cause, President shall be elected within three months of the occurrence of the vacancy in the manner prescribed in Section 43. 7. Section 54 provides for election, term of office and resignation of Vice President. This Section too has undergone amendments from time to time. SubSection (4) was introduced by Act 41 of 1976. The amendments in subsections (I) and (2) are not very material for the present purposes. Section 54A was introduced in the Act by Act I of 1955. Subsection (1) of Section 54A was substituted by Act 26 of 1964. Again by Act 41 of 1976, both subsections (1) and (2) of Section 54A Were substituted. Act 41 of 1976 simultaneously introduced subsection (4) of Section 54. 8. Section 54A was introduced in the Act by Act I of 1955. Subsection (1) of Section 54A was substituted by Act 26 of 1964. Again by Act 41 of 1976, both subsections (1) and (2) of Section 54A Were substituted. Act 41 of 1976 simultaneously introduced subsection (4) of Section 54. 8. Since the controversy in this batch of writ petitions turns on the language of these two Sections (Sections 54 and 54A) and also because its legislative history is relevant for a proper understanding of the issues in controversy, we shall first set out Section 54 including subsection (4) inserted by Act 41 of 1976 and then set out Section 54A, as it stood originally and as amended by subsequent Amendment Acts aforesaid. Section 54 reads as follows: 54. Electon term of office resignation of vice president (1) Every Board shall have a Vice President or a senior and a junior VicePresident elected, as occasion arises, by the Board from among its members by special resolution. (2) Except as otherwise provided in this Act, the term of office of a Vice President of any description shall be coterminus with term of the Board. (Prior to its substitution, subsection (2)read as follows: (2) The term of office of a Vice President of any description shall be one year from the date of his election or the residue of his term of office as a member of the Board, whichever is less.) (3) Any Vice President wishing to resign may intimate in writing his intention to do so to the President and on his resignation being accepted by the Board, he shall be deemed to have vacated his office. (4) The election of a Vice President under subsections (1), (2) and (3,) shall be completed within three months from the date of the due constitution of the Board as notified under Section 56 or from the date of occurrence of the vacancy, as the case may be. Section 54A as introduced by Act 1 of 1955 reads as follows: 54A. Section 54A as introduced by Act 1 of 1955 reads as follows: 54A. (1) Where a person on being elected President fails or refuses to function or is otherwise not able to function and a Vice President has not been elected in accordance with this Act, the powers and functions of the president except presiding at a meeting of the Board, until a Vice President has been elected, be exercised and performed, if the District Magistrate so directs and subject to such conditions as he may specify, by the Executive Officer and in the case of a Board where there is no Executive Officer, by the Secretary, and the following procedure shall be followed for the election of a Vice President. (Emphasis added) (2) The meeting for the election of the Vice President shall be held at the office of the Board and on the date and time appointed by the District Magistrate. The notice of the meeting and the date and time appointed there for shall be sent to every member of the Board at his place of residence 7 clear days before the date fixed for the meeting, A copy of such notice shall also be published In such manner as the District Magistrate may direct and thereupon every member shall be deemed to have received the notice. (3) The District Magistrate shall arrange with the District Judge for a stipendiary Civil Judicial Officer to preside at the meeting convened under this Section, and no other person shall preside over it. if within half an hour of the time appointed for the meeting, the Judicial Officer is not present to preside at the meeting, the meeting shall stand adjourn ed to the date and the time to be appointed and notified later to the members by that officer under subsection (4). (4) If the Judicial Officer is unable to preside at the meeting, he may after recording his reasons adjourn the meeting to such other date and time as he may appoint but not later than 7 days from the date appointed for the meeting under subsection (2). He shall without delay communicate in writing to the District Magistrate the adjournment of the meeting. He shall without delay communicate in writing to the District Magistrate the adjournment of the meeting. It shall not be necessary to send notice of the date and time of the adjourned meeting to members individually but the District Magistrate shall give notice of the date and the time of the adjourned meeting by publication in the manner provided in subsection (2). (5) Save as provided under subsection (3) and (4) the meeting convened under this Section shall not be adjourned for any reason. (6) As soon as the meeting convened under this section has commenced, the Board shall proceed to elect the Vice President. (7) The Judicial Officer shall not be entitled to vote at the election. (8) In case of an equality of votes, the Judicial Officer shall decide by lot which of the candidates having equal votes is to be declared elected. (9) The Judicial Officer shall declare the result of the election at the meeting and shall forward a copy of the minutes of the meeting to the President and the District Magistrate. Act 26 of 1964 substituted subsection (1) alone. The substituted subsection (1) reads as follows: Provision for exercise of potters, etc. of President in certain contingencies and procedure for election of Vice President. (1) Where a person on being elected President fails or refuses to function of is otherwise not able to function, or a causal Vacancy occurs in the office of the President within the meaning of Section 44A, and no Vice President has been elected in accordance with this Act, or there is no Vice President otherwise able to function, the powers and functions of the President shall, until a President or a Vice President is able to function, be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf. 9. 9. Act 41 of 1976 substituted subsections (1) and (2), The substituted subsections (1) and (2) read as follows: (1) Where a person on being elected President fails or refuses to function or otherwise is not able to function, or a causal vacancy occurs in the office of the President within the meaning of Section 44A, and no Vide President has been elected in accordance with this Act, or there is no President otherwise able to function, the powers and functions of the President shall, until a President or Vice President is able to function, be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such officer shall be called the Administrator, and accordingly, the provisions of Section 10AA shall, mutatis mutandis, apply. (2) Subject to the provisions of subsection (4) of Section 54, the meeting for the election of the Vice President shall be held at the office of the Board and on the date and time appointed by the District Magistrate. The notice of the meeting and the date and the time appointed therefor shall be sent to every member of the Board at his place of residence seven clear days before the date fixed for the meeting. A copy of such notice shall also be published in such manner as the District Mrgistrate may direct, and upon such publication, every member shall be deemed to have received the notice. Subsection (3) to (9) remained untouched by the aforesaid two Amendment Acts 10. We shall now set out the controversy: 11. Two writ petitioners say that once Section 54A was amended by the Amendment Act of 1976 (Act 41 of 1976), election of the Vice President (or Vice Presidents, as the case may be) can be held only in accordance with the procedure prescribed in subsections (2) to (9) of Section 54A, the Vice President or Vice Presidents cannot be elected otherwise than in accordance with the procedure prescribed by the said subsections. Section 54A, after it was amended in 1976, provides for two distinct situations. Subsection (1) provides for a contingency when both the President and the Vice President are not in office or are unable to act, whereas subsections (2) to (9) provide the procedure for conducting the election of Vice President. Section 54A, after it was amended in 1976, provides for two distinct situations. Subsection (1) provides for a contingency when both the President and the Vice President are not in office or are unable to act, whereas subsections (2) to (9) provide the procedure for conducting the election of Vice President. Subsections (2) to (9) are not in (sic) of subsection (1). The link between subsection (1) and subsections (2) to (9) got snapped with the 1976 amendment, if not with the 1964 amendment. In other words, the Vice President can be elected only in a meeting convened by the District Magistrate and presided over by a stipendiary Civil Judicial Officer. He cannot be elected at a meeting of the Board convened by the President/Executive Officer and presided over by the President. 12. On the other hand, the contention of the respondents is to the following effect: 13. The normal and ordinary mode of election of Vice President is the one prescribed by subsection (1) of Section 54. He is to be elected at a meeting of the Board, by a special resolution, The procedure prescribed by subsections (2) to (9) of Section 54A is attracted in a situation where subsection (1) of Section 54A is applicable. It is also attracted where the President refused or fails to get a Vice President elected within three months of the constitution of the Board or occurrence of casual vacancy, as the ease may be. It is only where one of these situations exists that the District Magistrate convenes the meeting of the Board for election of Vice President, which meeting has to be presided over by a stipendiary Civil Judicial Officer. The procedure prescribed by subsections (2) to (9) of Section 54A is not the only mode of election of the Vice President, but a special mode, which is attracted only where the District Magistrate steps in as Administrator, as contemplated by subsection (1) of Section 54A or where the Vice President's election is not held under Section 54(1) within three months. Section 54A was introduced only in 1955. Even prior to Act 1 of 1955, the office of Vice President was there and he was elected in accordance with the procedure prescribed in Section 54(1). Section 54(1) has not been amended in any manner by the Amendment Acts of 1964 or 1976. Section 54A was introduced only in 1955. Even prior to Act 1 of 1955, the office of Vice President was there and he was elected in accordance with the procedure prescribed in Section 54(1). Section 54(1) has not been amended in any manner by the Amendment Acts of 1964 or 1976. On the contrary, the 1976 Amendment Act, which substituted subsections (1) and (2) of Section 54A, also introduced subsection (4) in Section 54, which affirms the respondents' contention that the procedure prescribed by Section 34(1) was reaffirmed and continued. 14. The interpretation urged by the writ petitioners is supported by the decision of a Division Bench of this Court in Municipal Board, Bachhrawan v. Divisional Commissioner, Maradabad, (1989(2) UPLBEC 248). The Division Bench, which made this reference to the Full Bench, disagreed with the view taken in the said case. According to the later Division Bench, the procedure prescribed by subsections (2) to (9) of Section 54A is attracted only where subsection (1) of Section 54A comes into play and in no other. It opined that a President is under a duty to get the Vice President elected within three months. If he fails to do so, action under Section 54A(1) would be attracted and thereafter would the Vice President be elected in accordance with subsections (2) to (9) of Section 54A. It also opined that once the three months' period prescribe in Section 54(4) expires, the election of the Vice President cannot be held under Section 54(1). It is this controversy, which we have to pronounce upon. For this, we have to turn back to the language of Sections 54 and 54A, which is already set out herein above. But before we do so, we may refer to one more provision, namely, Section 55, which provides that in the absence of the President, the Vice President shall perform the duties of the President including the duty to preside over a meeting of the Board. 15. Subsection (1) of Section 54 provides that every Board shall have a Vice President (or a Senior and Junior Vice President, as the case may be) elected by the Board from amongst its members, by a special resolution. Section 54 Occurs in Chapter II of the Act. 15. Subsection (1) of Section 54 provides that every Board shall have a Vice President (or a Senior and Junior Vice President, as the case may be) elected by the Board from amongst its members, by a special resolution. Section 54 Occurs in Chapter II of the Act. Chapter II provides for declaration of Municipalities, constitution of the Municipal Board, election of President and Vice Presidents and appointment of Executive Officer and other servants of the Municipality. After members of the Board are elected, the Board constituted and the President elected, Vice President has also got to be elected. This is necessary because in case a vacancy arises in the office of President or the President is unable to function for any reason whatsoever, the Vice President has to perform the functions of the President, and without President, there cannot be an effective Boardeffective in the sense of capable of functioning. It is for this reason that immediately after the provisions relating to election, powers and others matters concerning the office of President occurs Section 54, which deals with ''Election, terms of office and Resignation of Vice President. (This is the marginal note to Section 54, which has remained unchanged in spite of the amendments in 1955, 1964 and 1976). Subsection (1) of Section 54 provides that the Vice President shall be elected by the Board from amongst its members by special resolution. Now the words by special resolution are not without a meaning. Section 87 prescribes the manner in which the Board shall transact its business. It says, subject to any provision to the contrary made by regulation in this behalf, any business may be transacted at any meeting. The first proviso to this Section says, Provided that no business which is required to be transacted by a special resolution shall be transacted unless previous notice of the intention to transact such business has been given. Section 88 prescribes the quorum for the meeting. Subsection (1) says that it shall be necessary for the transaction of any business other than business which is required to be transacted by a special resolution that not less than one third of the total number of the Board for the time being shall be present. Subsection (2) prescribes and provides for a special quorum where business is to be transacted by a special resolution. Subsection (2) prescribes and provides for a special quorum where business is to be transacted by a special resolution. It says, It shall be necessary for the transaction of business which is required to be transacted by special resolution that not less than one half of such members shall be present. Section 89 provides who is to preside at a meeting of the Board, It is the President and, in his absence, the Vice President and, in the absence of both of them, any of the members to be elected by the members present. It is thus clear that for passing a special resolution, not only previous notice of the particular business has to be given, but it requires a special quorum, that is, not less than one half of the members of the Board for the time being. This was the position obtaining till 1989 when a Division Bench of this Court ruled in Municipal Board, Bachhrawan (supra) that by virtue of 1976 amendment, the position has undergone a change. It may be noticed at this juncture that subsection (4), which was added by the 1976 Amendment Act, expressly provided that The election of a Vice President under subsections (1), (2) and (3) shall be completed within three months from the date of the due constitution of the Board as notified under Section 56 or from the date of occurrence of the vacancy, as the case may be. This subsection thus expressly contemplates the election of the Vice President under subsection (1) In the face of this provision, it is difficult to say that subsection (1) does not deal with the mode of election of the Vice President or that it merely declares that there ought to be a Vice President. 16. Now, coming to Section 54A, we shall first deal with the section as it stood at the time of its introduction in 1955. Subsection (1) contemplated and provided for a situation where (i) a President is elected but he fails or refuses to function as such or is otherwise not able to function and (2) a Vice President has not been elected in accordance with this Act. Subsection (1) contemplated and provided for a situation where (i) a President is elected but he fails or refuses to function as such or is otherwise not able to function and (2) a Vice President has not been elected in accordance with this Act. In such a situation, it provided that the powers and functions of the President (except presiding at a meeting of the Board) shall be exercised and performed by the Executive Officer and, where there is no Executive Officer, by the Secretary, if the District Magistrate so directs and subject to such conditions as he may specify. Not only that, a Vice President had to be elected following the procedure prescribed in the ensuing subsections. Subsections (2) to (9) prescribed the procedure to be followed. The meeting had to be convened by the District Magistrate, of which clear seven days' notice had to be given and the notice was also to be published in the specified manner; the meeting had to be presided over by a stipendiary Civil Judicial Officer. It also provided as to what should happen if the Judicial Officer was not present at the meeting or where he was present but adjourned the meeting. It is not necessary to notice the procedure prescribed in subsections (2) to (9) in any detail for the present purpose. The more important provision is the one in subsection (1). Indeed, subsection (1) did not contemplate a situation where there was a vacancy in the office of the President; it contemplated a situation where President was there, but he failed or refused to function or was unable to function. The second simultaneous condition for attracting subsection (1) Was that a Vice President is not elected in accordance with this Act. It is necessary to notice the significance of the words in accordance with this Act which words continue to be employed in spite of the substitution of the subsection twice over. These words indicate that Vice President could be, but not elected, in accordance with the procedure already prescribed by the Act. Only in such a situation was the Executive Officer/Secretary to step in and exercise and perform the powers and functions of the President, except presiding over the meetings of the Board, if the District Magistrate so directed and subject to the conditions that he might have specified. Only in such a situation was the Executive Officer/Secretary to step in and exercise and perform the powers and functions of the President, except presiding over the meetings of the Board, if the District Magistrate so directed and subject to the conditions that he might have specified. Where the District Magistrate directed the Executive Officer/Secretary to so function in the place of the President, he was also under an obligation to have the Vice President elected in accordance with the procedure prescribed in subsections (2) to (9). It, therefore, cannot be said that Section 54A, as it stood at the time of its introduction in 1955, replaced the existing mode of the election of Vice President. This much is conceded even by the petitioners. 17. Now, let us see how the position underwent change by virtue of the 1964 and 1976 Amendments. First the 1964 Amendment Act : It substituted subsection (1) of section 54A alone. According to the substituted subsection, two essential conditions to be satisfied are: (i) That the President is elected but fails or refuses to function. Or a casual vacancy occurs in the office of President within the meaning of section 44A; AND (ii) That no vice President has been elected in accordance with this Act or where the Vice President is elected, but he is otherwise unable to function. If any of the contingencies contemplated by those two conditions is satisfied, the powers and functions of the President are to be exercised and performed by the District Magistrate or such office as may be designated by him till President or Vice President is able to function. In other words, the two essential conditions underwent expansion. In the first condition, a casual vacancy was also added. Similarly, in the second condition also, a further contingency was added, viz., where the Vice President is elected but is otherwise not able to function. A further change is that powers and functions of the President were to be exercised by District Magistrate himself or by such officer as he may designate (a Gazetted officer not below the rant of a Deputy Collector) and this was to be continued till a President or Vice President is able to function. A further change is that powers and functions of the President were to be exercised by District Magistrate himself or by such officer as he may designate (a Gazetted officer not below the rant of a Deputy Collector) and this was to be continued till a President or Vice President is able to function. It may be remembered that according to the provision of subsection (1), as it sto9od before the 1964 amendment, the powers and functions of the President were to be exercised and performed by the Executive officer or, in his absence, secretary of course, where the District Magistrate so directed and subject to the conditions as may be specified by him. New those powers were to be exercised by the District Magistrate himself or such other officer as he may appoint in that behalf. The limitation that such officer could not preside over the meetings of the Board was removed. Another change was that the words and the following procedure shall be followed for the election of a Vice President were deleted, and it is this deletion which has given rise to an argument for and on behalf of the petitioners. 18. 1976 AMENDMENTACT : Though this Amendment Act substituted subsection (1) of section 54A in its entirety, the real change is only the addition of words and such office be called the Administrator and accordingly the provisions of section 10AA shall mutatis mutandis apply at the end of subsection (1). This addition is merely descriptive in nature and specifies the ambit of the powers to be exercised by such Administrator and has no relevance to the controversy raised before us. Another change made by this Amendment Act is the substitution of subsection (2). (There is a slight phraseological change in the last sentence of the subsection, but that is wholly inconsequential; for the words and thereupon, the words and upon such publication have been substituted. 19. Let us now consider whether these two amendments, effected in 1964 and 1976, have brought about a change in the manner of election of the Vice President. It is true that by deletion of the words and the following procedure shall be followed for the election of a Vice President, the linkage between subsection (1) subsection (2) to (9) of section 54A got snapped. It is true that by deletion of the words and the following procedure shall be followed for the election of a Vice President, the linkage between subsection (1) subsection (2) to (9) of section 54A got snapped. There is yet another indication: By 1964 amendment, second of the two condition, which must be satisfied before the District Magistrate step in, has been expanded, viz., it not only takes in a situation where a Vice President is elected but he is unable to function for one or the other reason. It is obvious that where a Vice President has been elected but is merely unable to function, there is no question of electing another Vice President in his place. Not only this, the 1976 amendment created a linkage between subsection (4) of section 54 and subsection (2) to (9) of section 54A. Subsection (2) of section 54A now opens with the words Subject to the provision of subsection (4) of Section 54. At the same time, we must emphasise one feature : Though subsection (1) of Section 54A was substituted twice, the words and a Vice President has not been elected in accordance with the Act have remained constant. (There is a slight phraseological change: These words became and no Vice President has been elected in accordance with this Act.) The significance of this feature cannot be overlooked. It contemplates a Vice President not having been elected in accordance with the Act, i. e., in accordance with the preceding provisions. 20. Before expressing ourselves on the matter in controversy, however, we think it appropriate to make a few observations and to recall certain Well settled rules of interpretation. The present controversy is the result of sloppy drafting. Had the draftsman of the Amendment Acts been more careful, we are sure he would have made his meaning clear and would not have drafted them in the manner he did, giving rise to this controversy. All the same, the function of the court is to ascertain the intention of the Legislature, having regard to the language employed, and to adopt such interpretation as is reasonable and fits in with the context. The attempt should also be to harmonise the several seemingly conflicting or contradictory provisions. 21. It is not without significance that notwithstanding several amendments over the years, subsection (1) of Section 54 has remained untouched. The attempt should also be to harmonise the several seemingly conflicting or contradictory provisions. 21. It is not without significance that notwithstanding several amendments over the years, subsection (1) of Section 54 has remained untouched. We have already expressed the view that subsection (1) of Section 54 lays down the procedure for electing a Vice President. It would not be right to say that the said subsection merely declares that there shall be a Vice President. It says specifically that Vice President shall be elected (i) by the Board, (ii) from amongst its members and (iii) by special resolution. Learned Counsel for the petitioners were hard put to explain this situation. Indeed, Mr. Ravi Kant, one of the learned counsel appearing for the petitioners, took the stand that the aforesaid words occurring at the end of subsection (1) of Section 54, must be deemed to have been impliedly repealed by the 1964 and 1976 Amendments, which substituted subsections (1) and (2) of Section 54A. It is obvious that this is an extreme argument. Even if we assume that theory of implied repeal can be applied as between the provisions of the same enactment, even then it can be resorted to only where such a course is absolutely unavoidable. We do not think, such a situation exists here. The 1976 Amendment Act, which substituted subsections (1) and (2) in Section 54A, also inserted subsection (4) inSection 54. Subsection (4) of Section 54 says, The election of a Vice President under subsections (1), (2) and (3) shall be completed within three months...... This subsection thus affirms that election of the Vice President takes place under subsection (1) and that it is to take place within three months from the date specified therein. In the face of subsection (4), introduced by the 1976 Amendment Act, there is hardly any room for importing the theory of implied repeal. Now corning to Section 54A, we have already indicated that the linkage between subsection (1) end subsections (2) to (9) got snapped with 1964 Amendment itself, which not only deleted the words and the following procedure shall be followed for the election of a Vice President, but also expanded the second of the two conditions as adumberated hereinbefore. Now corning to Section 54A, we have already indicated that the linkage between subsection (1) end subsections (2) to (9) got snapped with 1964 Amendment itself, which not only deleted the words and the following procedure shall be followed for the election of a Vice President, but also expanded the second of the two conditions as adumberated hereinbefore. The 1976 Amendment not only continued the said situation, but also added the words Subject to the provisions of subsection (4) of Section 54 at the inception of subsection (2). These words, in our opinion, have created a link between Section 54 and subsections (2) to (9) of Section 54A. Subsection (4) of Section 54 is continuation of subsection (1) of Section 54 and by those words, subsections (2) to (9) of Section 54A have become a continuation of subsection (4) of Section 54. According to petitioners' Counsel, of course, these opening words do not really create any such linkage. According to them, all they mean is that election of the Vice President under subsections (2) to (9) being the only procedure therefor, must be completed within the period of limitation prescribed under subsection (4) of Section 54. We do not think that we can give effect to this interpretation. If the Legislature wished to say that a Vice President should be elected only and only in accordance with subsections (2) to (9) of Section 54A, what they ought to have done was to amend Section 54 suitably, which they have not chosen to do. Not only they did not do it, they reaffirmed the mode of election prescribed by subsection (1) of Section 54 by inserting subsection (4) in that Section. The proper meaning to be given to the said opening words in subsection (2) of Section 54A is to say that the provisions contained in subsections (2) to (9) are supplemental to and are in continuation of the provisions contained in Section 54 which means that if a Vice President is not elected within a period of three months prescribed in Section 54(4), he must be got elected by the District Magistrate in accordance with the procedure prescribed under subsections (2) to (9) of Section 54A. This interpretation, in our opinion, harmonises the several provisions in both the sections and is also consistent with the language employed therein. This interpretation, in our opinion, harmonises the several provisions in both the sections and is also consistent with the language employed therein. In our opinion, it also amounts to placing a reasonable construction upon the said provisions. We may in this connection recall the words of Holmes, J. in Towne v. Eisner, (62 Lawyers Edition 362 at 376). The learned Judge said: A word is not crystal, transparent and unchangeable. It is the skin of a living thought and may vary greatly in colour and content according to the circumstances and the time in which it is used. In fact, Judge Jerome Frank in his book Dias Jurisprudence, 4th edition, at page 625, quoted Holmes, J. as saying: We must think things, not words, or at least we must constantly translate our words into facts for which they stand if we are to keep to the real and to the true. It is keeping the said words in mind that we have approached the meaning of the said opening words in subsection (2) of Section 54A. We do not say that they are not capable of meaning something else., They may well mean more than one thing, but what we have to see is, which is the meaning which fits into the context and the scheme of the relevant provisions. We have to and have adopted such a construction. 22. We may now have a brief review of the cases decided with reference to Sections 54 and 54A, The first decision is in Lakshmi Narain Misrav. Municipal Board and others (1962 ALJ 113). The question considered in this special appeal was whether a Vice President elected by a special resolution under subsection (1) of Section 54 can be removed, before the expiry of his term, by another resolution purporting to cancel the resolution electing him. It was held that such a course was not permissible in view of subsection (2) which fixes his tenure. In that connection certain observations, which are relevant for our purpose, were made. It was held that such a course was not permissible in view of subsection (2) which fixes his tenure. In that connection certain observations, which are relevant for our purpose, were made. It was observed: A Vice President is elected by a special resolution under Section 54(1) and under subsection (2) thereof his term of office is one year from the date of his election or the residue of the term of his' office as a member of the board, whichever is less..............some support for our view may be drawn from Section 54A, subsection (1) of this section provides that where a person, on being elected president, fails or refuses to function 0f is otherwise not able to function, and a Vice President has not been elected, the District Magistrate shall exercise the powers of the president until a Vice President is elected in accordance with the procedure laid down in the succeeding subsections. The procedure is that the District Magistrate shall call a meeting of the Municipal Board for the election of a Vice President under the presidentship of a stipendiary judicial officer. Members shall elect the Vice President. In case of equality of votes, the Judicial Officer shall decide by lot which of the candidates having equal votes is to be declared elected. The judicial officer shall declare the result of the election at the meeting. We do not think that the Vice President is elected by a resolution of the Municipal Board under Section 54A. The section provides a special procedure for electing a Vice President otherwise than by a resolution. The general power of the Municipal Board cancel any resolution cannot therefore be invoked to cut down the term of office of a Vice President elected under Section 54A. If that is correct, as we think it to be, then it is rather difficult to believe that the Legislature intended to empower the Municipal Board to cancel a resolution electing a person.as Vice President under Section 54(1). We are reluctant to believe that the legislature intended to lay down a double standard one for the Vice President elected under Section 54 and the other for the Vice President elected under Section 54A. Of course, the Bench was considering Section 54A as it was initially introduced by the amendment Act 1 of 1955. 23. We are reluctant to believe that the legislature intended to lay down a double standard one for the Vice President elected under Section 54 and the other for the Vice President elected under Section 54A. Of course, the Bench was considering Section 54A as it was initially introduced by the amendment Act 1 of 1955. 23. In Ballabh Das Agarwal v. The District Magistrate, Ghazipur and another ( 1980 UPLBEC 266 ) the learned single Judge dealt with Sections 54 and 54A after the latter section was amended by amendment Act 27 of 1964. The learned Judge held that Section 54A even after it was amended in 1964 does not change the normal procedure for the election of Vice President. The normal mode of electing Vice President, the learned Judge held, is by special resolution as provided by Section 54 (1) of the Act. The learned Judge held further that the occasion for electing the Vice President in the manner prescribed by subsections (2) to (9) of Section 54A arises only when the special contingency contemplated by subsection (1) arises. The following observations in the judgment are relevant: It does rot appear that the intention of introducing Section 54A was to change the normal procedure for the election of a Vice President. Normal procedure for the election of Vice President is the election by a special resolution as provided by Section 54 of the Act. Sections 87 and 88 of the Act provide for the requirement of a special resolution. According to the proviso of Section 87 a prior notice of the intention to transact a business required to be transacted by special resolution has to be given. According to Section 88, for a special resolution there has to be a quorum of not less than one half of the members of the Board. Section 92(2) of the Act provides that in case of equality of votes, the president of the meeting shall have a second or casting vote. The proviso of subsection (2) of Section 88 provides for adjournment of a meeting. The procedure prescribed for election of a Vice President in Section,5.4A(2) to (9) is different. It provides for calling of a meeting by the District Magistrate, It is to be presided over by a civil Judicial Officer and there is no provision for quorum or adjournment. The proviso of subsection (2) of Section 88 provides for adjournment of a meeting. The procedure prescribed for election of a Vice President in Section,5.4A(2) to (9) is different. It provides for calling of a meeting by the District Magistrate, It is to be presided over by a civil Judicial Officer and there is no provision for quorum or adjournment. The purpose of giving authority to the District Magistrate to call a meeting and authorising the civil Judicial Officer to preside over the meeting appears to provide for the contingency contemplated by subsection (1) of Section 54A. When there is no President available for acting as such and there is also no Vice President able to function, the meeting has to be called by someone else and has to be presided over by somebody else. It is to provide for this contingency that the District Magistrate, who has to take over on the contingency arising, has been given power to call a meeting and to get it presided over by a civil Judicial Officer. 24. We may not refer to the Bench decision in Municipal Board, Bachhrawan, district Moradabad v. Divisional Commissioner, Moradabad and 0f/im(1989)2 UPLBEC248). In this case the president had convened a meeting of the Board for electing a Vice President on 23rd February, 1989. On this fact being brought to the notice of the commissioner, he directed that the election of the Vice President shall not take place in the meeting so convened by the President since it has not been convened by the District Magistrate in accordance with the provisions of subsection (2) of Section 54A. The order of the Commissioner was questioned by the president of the Board before this court. The precise point conv assed before the Bench was whether by virtue of Section 54A as amended in 1964 and particularly in 1976, is there only one method of electing a Vice President or whether there are two methods. The order of the Commissioner was questioned by the president of the Board before this court. The precise point conv assed before the Bench was whether by virtue of Section 54A as amended in 1964 and particularly in 1976, is there only one method of electing a Vice President or whether there are two methods. The argument of the petitioner before the Bench was that Section 54A did not do away with the normal mode of election of the Vice President under Section 54(1), whereas the respondent's case was that Section 54A, as amended by Amendment Act 41 of 1976, did away with the dual procedure and that the only procedure in accordance with which a Vice President can be elected, whether the election is held soon after the constitution of the Board or in the contingency contemplated by Section 54A(1), is the one prescribed by subsections (2) to (9) of Section 54A. The Division Bench laid emphasis upon the words added by amendment Act 41 of 1976 in subsection (1) of Section 54A viz. such officer shall be called the Administrator, and accordingly, the provisions of Section 10AA, shall mutatis mutandis apply and after referring to both provisions end the relevant amending Acts held as follows: The interpretation given by us, to the status of a District Magistrate while exercising powers under subsection (1) of Section 54A read with the provisions of Section 10AA leads to the inevitable conclusion that the procedure for holding the election of a Vice President when an elected president is not functioning for any reason whatsoever or when there is a casual vacancy in the office of the president will be the same..............we are also not oblivious of the fact that the construction which we have given will immediately render the provisions of subsection 54A redundant. It is noteworthy that the Legislature, while making the changes referred to above in subsection (1) of Section 54A, not only retained the provisions of subsection (2) of Section 54A, but also added some words opening that provision. Therefore, there can be no escape from the conclusion that the Legislature deliberately retained subsection (2) of Section 54A. It did so with an avowed object. The object being to provide for a procedure for the election of a Vice President. Therefore, there can be no escape from the conclusion that the Legislature deliberately retained subsection (2) of Section 54A. It did so with an avowed object. The object being to provide for a procedure for the election of a Vice President. Such a procedure has to be followed whenever an election of a Vice President takes place and in whatever situation. To put it differently, such a procedure has to be followed in a situation where an elected president is available to convene and preside over a meeting to be held for electing a Vice President and also in a situation where for one reason or the other an elected president is not able to function as a president or a casual vacancy has occurred in the office of the President. We are therefore, driven to the conclusion that by enacting U.P. Act No. 41 of 1976 the Legislature did away altogether with the dual procedure for conducting the election of a Vice President of a Board. The Bench referred to the provisions contained in Section 54, the introduction of subsection (4) by Amendment Act No. 41 of 1976, which also inserted the opening words subject to the provisions of subsection (4) of Section 54 at the inception of subsection (2) of Section 54A and held that these features also support the interpretation placed by them on the two provisions. With great respect to the learned Judges constituting the Bench and for the reasons mentioned hereinbefore we are unable to agree with their view. We do not see any necessity for adopting an interpretation which renders certain provisions of the Act otiose and redundant. Both the provisions, Sections 54 and 54A can be harmonised and can be given their respective areas of operation. Indeed, as pointed out by us above, Amendment Act No. 41 of 1976 which introduced subsection (4) in Section 54 strengthens the view that the normal mode of electing the Vice President described in subsection (1) of Section 54 was positively affirmed, instead of doing away with it. We have also indicated the proper meaning of the opening words in subsection (2) of Section 54A. 25. We have also indicated the proper meaning of the opening words in subsection (2) of Section 54A. 25. For the above reasons, we answer question No. 1, referred to us, in the following words: within three months of the constitution of the Board as notified under Section 56 or within three months from the date of occurrence of vacancy in the office of the Vice President, as the case be, the election of Vice President has to take place in accordance with subsection (1) of Section 54 and not in accordance with the procedure prescribed in subsections (2) to (9) of Section 54A. If, however, the president fails or omits to have the Vice President elected within the aforesaid period, the Vice President has got to be elected in accordance with the procedure prescribed in subsections (2) to (9) of Section 54A. Moreover, even in a situation attracting the provisions contained in subsection (1) of Section 54A, i. e, in a situation where no Vice President has been elected in accordance with the Act, a Vice President has to be got elected in accordance with subsection (2) to (9) of Sec. 54A. We make it clear that mere failure of the President to get the Vice President elected withing a period of there months aforesaid does not by itself attract the action under Section 54(1), it only means that the Vice President has got to be elected in accordance with subsections (2) to (9) of section 54A subsection (1) of section 54A is attracted only when two essential condition (each of which contemplates more than one situation) are satisfied. We think it appropriate to make a further clarification : in computing the period during which the election of Vice President is stayed by a competent authority or court shall have to be excluded. 26. We may now take up the second question referred to us. Indeed this question is practically answered by our answer to the first question. It follows from the answer to the first question that after the expiry of three month the president cannot conduct the election of Vice President under subsection (1) of Section 54. 26. We may now take up the second question referred to us. Indeed this question is practically answered by our answer to the first question. It follows from the answer to the first question that after the expiry of three month the president cannot conduct the election of Vice President under subsection (1) of Section 54. It has to be conducted only in accordance with the procedure prescribed by subsection (2) to (9) of Section 54A and this has to be done as promptly as possible after the expiry of the three months' period specified in Section 54 (4). 27. The writ petition may be sent back to the Division Bench for disposal in accordance with law. (Order accordingly.)