Law: Registration of Claims (Displaced Persons) Act (III of 1956)

Section:

(a) Basic Democracies Order (18 of 1959), Art. 25(4)(c) read with Art. 15(2)-Removal of Chairman of Union Committee by resolution of members of District Council-.Three members, taking part in proceedings for removal appointed to such Council ex-officio as Vice-Presidents of Municipal Committees, and not as Chairmen of Union Committees, though they happened to be such Chairmen also-Such members, held, not entitled to vote-One such member, who presided at meeting, alleged to be responsible for manoeuvring proceedings for removal-Voting by such members not a "mere" irregularity in proceedings - Meeting of District Council, held "illegal"--Subsequent meeting, "confirming" resolution, made no difference. Three Members of the District Council who participated in proceedings for passing a resolution of removal of a Chairman of a Union Committee were not appointed to the District Council as Chairmen of Union Committees. They were ex-officio Members of the District Council under Article 15(2) as Vice-Chairmen of Municipal Committees. According to the notifica­tion constituting the District Council the Vice Chairmen of three Committees were declared to be "ex-officio official members of the District Council" not even by name but by virtue of their office. Held: as these three members were members of the District Council only by virtue of their office as Vice-Chairmen the mere fact that they happened also to be Chairmen of Union Committees did not make any difference. That was not the capacity in which they were members of the District Council. The intention of Article 25 (4)(c) was to exclude the Vice-Presi­dents of Municipal Committees from voting in the resolution relating to the removal of a Chairman of Union Committee and they could not get a right to vote just because they also happened to be Chairmen of Union Committees. The importance of the irregularity that occurred by the parti­cipation of these three members in the meeting was enhanced by the fact that one of these three members, S, was the Chairman of the meeting against whom there were allegations that he had manoeuvred the proceedings for removal. It is true that every irregularity of this kind does not…

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