MOOL CHAND SHARMA versus STATE OF UTTAR PRADESH

MOOL CHAND SHARMA versus STATE OF UTTAR PRADESH

A Municipal Board member who has incurred disqualification under s.13-D(g) of the U.P. Municipalities Act, 1916 does not, by that fact alone, lose his right to act as member or participate in Board proceedings unless and until suspended or removed by competent authority, and a dismissal of a writ petition as...

Source-derived case information.

Parties
Appellant: Mool Chand Sharma; Respondent: State of Uttar Pradesh; Respondent: Respondents Nos. 3 to 13
Jurisdiction
India
Judgment Date
20 September 1961
Procedural Posture
Civil Appeal / Final Judgment on Appeal by Special Leave
Outcome
Appeal dismissed with costs.
Legal Topics
Disqualification of Municipal Board Members, Res Judicata, No Confidence Motion, Interpretation of Statutory Disqualification, Effect of Incurring Disqualification Under U.p. Municipalities Act
Administrative Law Local Government Law Constitutional Law Disqualification of Municipal Board Members Res Judicata No Confidence Motion Interpretation of Statutory Disqualification Effect of Incurring Disqualification Under U.p. Municipalities Act

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Parties

Mool Chand Sharma

Appellant

State of Uttar Pradesh

Respondent

Respondents Nos. 3 to 13

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal by Special Leave

Legal Issues

  1. 1 Whether an order dismissing a writ petition in limine on grounds of prematurity operates as res judicata in subsequent proceedings.
  2. 2 Whether a member of a Municipal Board who has incurred disqualification under section 13-D(g) of the U.P. Municipalities Act, 1916 automatically loses rights as a member and is incompetent to act as such until suspension or removal.
  3. 3 Validity of notice of no-confidence motion where signatories may be disqualified members.

Ratio Decidendi

A Municipal Board member who has incurred disqualification under s.13-D(g) of the U.P. Municipalities Act, 1916 does not, by that fact alone, lose his right to act as member or participate in Board proceedings unless and until suspended or removed by competent authority, and a dismissal of a writ petition as premature does not operate as res judicata in a subsequent challenge on the merits.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The order of the High Court dismissing the writ petition is affirmed.