Vedvyas vs State of U.P.

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Heard learned counsel for the petitioner.

The petitioner contends that the respondent No. 6 is disqualified from continuing as a nominated member of a municipal ward inasmuch as she is already a defaulter. This default clause is being read in terms of Section 13-D(g) of the U.P. Municipalities Act, 1916, which is extracted hereinunder:-

"(g) is in arrears in the payment of Municipal Tax or other dues in excess of one year''s demand to which Section 166 applies; or"

Learned counsel for the petitioner submits that in view of this disqualification even a nominated member, according to the aforesaid definition, stands disqualified.

A member is nominated in terms of Section 9(d) of the 1916 Act. This has to be read in terms of the General Clauses Act, which empowers the State Government to exercise powers of recall as it has the power of nomination. The nomination is by the State Government. Consequently, this disqualification has to be looked into by the State Government itself. The petitioner may, therefore, approach the respondent No. 1 alongwith a certified copy of this order and the respondent No. 1 shall proceed to examine the claim of the petitioner and pass appropriate orders after putting the respondent No. 6 to notice preferably within a period of three months'' from the date of production of a certified copy of this order before him.

With the said observations, this writ petition is disposed of.