Case: Jai Charan Lal Vs. State Of U.P. &amp; Ors

2. The appellant. Jai Charan Lal Anal was elected as a member of the Municipal Board, Sikandrao in December, 1964. He was later elected as the President of the Board. On October 26, 1966 a notice of intention to move a motion of non-confidence in the appellant was presented by certain members of the Board to the District Magistrate, Aligarh. The District Magistrate issued notices to the members on November 17, 1966 fixing November 25, l966 as the date for the meeting of the Board to consider the non-confidence motion. This was done under S. 87-A of the Uttar Pradesh Municipalities Act, l916. On November 22, 1966, the petitioner filed a petition under Article 226 of the Constitution in the High Court of Allahabad asking that the meeting be stopped. The case was listed before the High Court on December 1, l966. Before this the meeting of the Board was adjourned to December 5, 1966, under circumstances to which detailed reference will be made presently. The High Court directed that the petition should be listed for December 6, 1966. By that date the adjourned meeting was held on December 5, 1966, and the non-confidence motion was passed unanimously. 10 out of 15 members who were present voted in its favour and none against it. The appellant thereupon asked the High Court to quash the resolution of the Board. The High Court by the order under appeal declined to do so on the ground that even if there were some irregularities in calling the meeting, the resolution, having been passed by the necessary majority, the case was not fit for the exercise of its discretionary powers.

Reasoning:
This argument is based upon the procedure which is laid down in S. 87-A of thethe notice was despatched on the 17th and presumably reached the next day the learned Counsel excludes the date of receipt of the notice and the date of the meeting and says that seven clear days did not intervene. In our judgment this is an erroneous reading of the sub-section.The sub-section says that the District Magistrate shall send the notice not less than seven clear days before the date of the meeting and the word send shows that the critical date is the date of the despatch of the notice. As the notice was sent on the 17th and the meeting was to be called on the 25th, it is obvious that seven clear days did intervene and there was no breach of this part of theis no doubt true that where the expression is not less than so many days both the terminal days have to be excluded and the number of days mentioned must be clear days but the force of the words not earlier than thirty days is not the same. Not earlier than thirty days means that it should not be the 29th day, but there is nothing to show that the language excludes the 30th day from computation. In other words, although October 26 had to be excluded the date on which the meeting was to be called need not be excluded provided by doing so one did not go in breach of the expression not earlier than thirty days. The 25th of November was the 30th day counting from October 26 leaving out the initial day and, therefore, it cannot be described as earlier than thirty days. In other words, it was not earlier than thirty days from the date on which the notice under sub-s. (2) was delivered to the District Magistrate.This reading is also borne out by the other expression "not later than thirty-five days" which is used in thethe sub-section we are dealing with the number of days should not exceed thirty five days. On a parity of reasoning not earlier than thirty days would include the 30th day but not the 29th day because 29th day must be regarded as earlier than thirty days. If the provision were "not earlier than thirty days and not later than thirty days" it is obvious that only the 30th day could be meant. This proves that the fixing of the date of the meeting was, therefore, in accordance with law and we respectfully disapprove of the view taken in the Andhra Pradeshagain we find it difficult to accept the view expressed in the Allahabad High Court. Sub-section (4) provides that if the presiding judicial officer does not attend the meeting, the meeting stands automatically adjourned after half an hour to a date and time to be appointed later and notified to the members by that officer under sub-s. (5). It seems pointless, therefore, to think that if the judicial officer knows in advance that he would not be able to attend the meeting that he has not the power to adjourn the meeting in advance.No visible profit results from such a construction. In fact, the words of sub-s. (5) are that 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. This can happen not only at the meeting but also before the date of meeting if the judicial officer is in a position to say that he would be unable to preside at the meeting. If this were not so some unforeseen event which requires the presiding officer to be absent would frustrate the entire non-confidence motion because the judicial officer would be unable to adjourn it in advance. That the consequences under sub-s. (4) would automatically flow also show that it should be possible for the presiding officer to adjourn a meeting which under the law would in any event be adjourned under sub-s. (4). In our opinion it is not necessary that the judicial officer show be present at the meeting and then adjourn it for purposes of sub-s. (5).He can take action in advance. This will be convenient al1 round became it will save members from attendance on that day. This vas done in this case and in our opinion the action was correct. We do not read the word adjourn as being in any way different from the word postpone which is some times used. The word adjourn means that the officer can postpone the meeting to a subsequent date.7. The High Court did not exercise its powers under Art. 226 of the Constitution and we must not be intended to have meant that where the High Court has refused to exercise its discretion this Court would always interfere. This case was admitted in this Court merely to clear a dispute about the law which seems to have evoked different interpretations in the High Courts.8. On a consideration of the whole matter we are of opinion that the petition was devoid of merit and although it was dismissed because the High Court did not choose to exercise its discretionary powers the result would have been the same if the High Court had gone into the matter elaborately and correctly. The appeal must, therefore, be dismissed. We order accordingly.