AIR 1976 ALLAHABAD 365 ::1976 ALL. L. J. 579 ::(1976) 2 All LR 210

Allahabad High Court

Hon'ble Judge(s): G. C. Mathur, K. C. Agrawal , JJ

(A) Uttar Pradesh Municipalities Act (2 of 1916) , S.34— Scope - Resolution electing member as Vice-President passed without giving notice of meeting to all members - Cannot be cancelled under S.34. Section 34 confers power on the Prescribed Authority to be used in urgent cases to prohibit the execution of a resolution passed by a Municipal Board. The pre-requisite for the exercise of this power is that the Prescribed Authority must be of the opinion that the resolution is of such a nature that if it is given effect to the same is likely "to cause or tend to cause obstruction, annoyance or injury to the public." The words obstruction, annoyance and injury must be understood in their ordinary sense. No member of the public could be said to have been obstructed, annoyed or injured by the fact that the resolution electing one of the members as Vice President had been passed by the Board despite the fact that notices of the meeting had not been served on all members. Moreover Section 34 can be utilised in a case where "the execution or further execution of a resolution is required to be prohibited." As the resolution electing the member as Vice President became operative with effect from the date of election there remained nothing to be done under the resolution which could be prohibited by the Authority by exercising his powers under S.34. Section 34 did not em....