Holding

The fourth proviso permitting removal of nominated women members at the pleasure of the State Government is constitutionally valid, and the High Court’s decision in Dr. Rama Mishra’s case is overruled.

Summary

The State Government, under the fourth proviso added to Section 9 of the United Provinces Municipalities Act, 1916, cancelled the nominations of two women members of the Shahjahanpur Municipal Board and appointed replacements, invoking a "pleasure" power. The former President of the Board and the ousted women members filed writ petitions challenging the constitutionality of this provision and the cancellation, while a no‑confidence motion against the President was also contested. The Allahabad High Court, relying on Dr. Rama Mishra’s case, held the pleasure clause unconstitutional and declared the no‑confidence motion void. The Supreme Court overruled that decision, holding that the pleasure doctrine is a valid legislative power, does not violate Articles 14 or 15 of the Constitution, and that the nominated members could be removed at the State’s pleasure. Consequently, the appointments of the new women members were upheld and the no‑confidence motion, passed by a majority of the Board, was deemed valid. The Supreme Court set aside the High Court judgments and dismissed the writ petitions.

Issues considered

The fourth proviso to Section 9, allowing removal of nominated women members at the pleasure of the State Government, violates Articles 14 and 15 of the Constitution.
The cancellation of nominations without notice breaches principles of natural justice.
The validity of the no‑confidence motion passed with the participation of the newly nominated women members.
The correctness of the High Court’s decision in Dr. Rama Mishra’s case.

Legislation cited

Constitution of Indias. 14, s. 15(1), s. 15(2), s. 15(3), s. 155, s. 156, s. 164(1), s. 75(2), s. 76(1)
United Provinces Municipalities Act, 1916s. 40, s. 47-A, s. 87-A, s. 9

Subjects

Municipal lawNominationPleasure doctrineArticle 14Article 15EqualityNatural justiceNo‑confidence motionWomen’s representationUttar Pradesh

Judgment

A OM NARAIN AGARWAL AND ORS. ETC.
v.
NAGAR PALIKA SHAHJAHANPUR AND ORS. ETC.

FEBRUARY 19, 1993

B (N.M. KM>LIWAL AND YOGESHWAR DAYAL, JJ.)

United Provinces Municipalities Ac~ 1916: Section 9 First and Fowth
provisos-Nominated women members to the Municipal Board-Cancella-

c
tion of their nomination without notice by State Government-WI.etherArticle
14 of the Constitution attracted-Doctrine of pleasure-Application of -
Constitution of India, 1950: Alticle 14-Nominated Women members
to the Municipal Board under Section 9 of the United Provinces Munici-
palities Act, 1916-Cancellation of their nomination without notice by State
Govemmenr,-Constitutionality of-Doctrine of pleasure-Application of
D
In January, 1989, in accordance with First Proviso to Section 9 of
the United Provinces Act, 1916 one Smt. Sarla Devi was nominated by the
State Government as the sole Woman member for the Municipal Board.
On 15.2.1990 U.P. Ordinance No. 2 of 1990 later on replaced by U.P. Act
No. 19 of 1990 amended the proviso of Section 9 of the Act substituting a
E new proviso, providing for the nomination of two Women members by the
State Government. The Amendment Act also added a fou·rth proviso to the
Section which provided that the nomination of the two women members

F
was at the pleasure of the State Government.

On 19.2.19.90 the Government issuing a general notification and
cancelled nominations of Women members in several Municipal Boards.
·-
Cancelling the nomination of Sm!. Sarla Devi, Smt. Abida and Smt. Hazra
Khatoon were nominated by the Government on 19.4.1990.

On 22.7.1991 under Section 87-A of the Act a no- confidence motion
G against one Mohd. Iqbal, the President of the Board was initiated by some
members before the District Magistrate. The District Magistrate fixed
12.8.1991 for consideration of the confidence motion.

On 2.8.1991, the Government nominated Smt. Shyama Devi and Smt.
Baijanti Devi as the two women members of the Board, cancelling the
H nominations of Smt. Abida and Smt. Hazra Khatoon.
34
OM NARAIN v. NAGAR PALIKA 35

__._
On 9.8.1991 Mohd. Iqbal, President or the Municipal Board, against A
, '--( whom the non-confidence motion was pending, filed a writ petition in the
High Court challenging the constitutional validity of the fourth proviso to
Section 9 of the Act and also challenged the notification dated 2.8.1991.
Further be challenged the proceedings of no-confidence motion initiated
against him.
B
-'·~ The High Court did not grant any stay of no-confidence proceedings,
but ordered that the outcome of the no-confidence proceedings shall be
subject to the result or the writ petition.

- In the meeting fixed on 12.8.1991 by the District Magistrate to
consider the no-confidence motion 20 members of the Board voted in
c
favour of the no-confidence motioa, out of the total strength of37 members
of the Board. The newly nominated Women members by notification dated
>--- 2.8.1991 participated in the meeting, whereas Smt. Abida and Hazra
Khatoon neither attended the meeting nor claimed any right to attend the
same. D

The no-confidence motion dated 12.8.1991 was passed against Mohd.
Iqbal. One Om Narain, (The appellant No. 1 in C.A. Nos. 714-16 or 1993)
who was the Vice-President or the Board was elected as the President in
the vacancy. The appellant-Om Narain took charge of the office of the E
--.,. President or the Board and continued to function as the president.

Mohd. Iqbal, the former President filed another writ petition chal·

-
lenging the no-confidence motien dated 12.8.1991 passed against him. Smt.
Abida and Smt. Hazra Khatoon also filed a writ petition, challenging the
notification dated 2.8.1991, which cancelled their nominations and F
no.minated Smt. Shyama Devi and Smt. Baijanti Devi in their places.

---- A Division Bench or the< High Court considered all the three writ
petitions • two by the former President and one by the former women
members. Agreeing with the decision in Dr. Smt. Rama Mishra v. State of
UP. (Writ Petition No.· 11114 of 1990 disposed on 9.12.1991) allowed the
G
writ petitions, quashing the notification dated 2.8.1991 and declaring
Mohd. Iqbal to be the president of the Board .
.--<,
The review application filed by the appellants was dismissed by the
High Court. H
,

I
36 SUPREME COURT REPORTS ' 11993] 2 S.C.R.

A Being aggrieved against the High Court's decision, the former Vice-
President and the Women members nominated by notification dated V'
2.8.1991 approached this Court in these appeals (C.A.Nos. 714-716 of1993)
by special leave. The C.A. No. 717of1993 was by another Woman member
of another Municipal Board, having aggrieved against the judgment of the
High Court dated 9.12.1991 passed iu Dr. Rama Mishra's case.
B

The appellants contended that the view taken in Dr. Rama Mishra's .
case was not correct and the view taken in Prem Kumar Balmiki v. State of
U.P. (W.P. No. 1067 ,of 1991, disposed of on 13.11.1991) was correct; that
c the State Legislature was competent to insert fourth proviso and to lay
down that the nominated members shall hold oftice during the pleasure of
-
the State Government; that if the initial appointment by nomination was
made on political considerations, political considerations should be al-
lowed to operate in terminating such appointments made by nomination;
that there was no violation of any principle of natural justice nor such
D provision was arbitrary so as to be violative of Article 14 of the Constitu-
tion; and that the only requirement under the second proviso to Section 9
of the Act was that if none or only one of the members elected under clause
(b) W'dS a woman, the State Government was to nominate by notification
two \\•omen members or one more Woman me1nber, as the case may be,
E so that the number of Women members in the Board was not less than
two, and that the State Government did not violate the provision.

The private respondents submitted that once the power of nominat-

F
ing the Women members was exercised by the State Government, such
nominated members could not be removed prior to the completion of the
term of the Board, unless they were removed on the grounds contained
-
under section 40 of the Act; that the State Government could not be allowed
to remove a nominated member at its pleasure without assigning any
reason and "1thout affording any opportunity to show cause; that once a
Woman member was nominated, she got a vested right to hold the oftice
G of a member of the Board and the State Government could not be given
an uncanalised, uncontrolled and arbitrary power to remove such member;
that such arbitrary power without any guidelines would be contrary to the
well established principles of democracy and public policy and that it
would hamper the local bodies to act independently "1thout any hindrance
H from the side of the Government.
OM NARAIN v. NAGAR PALIKA 37

Allowing the appeals, this Courts, A
HELD: 1.01. The right to seek an election or to be elected or
nominated to a statutory body, depends and arises under a statute. The
initial nomination of the two Women members itself depended on the
pleasure and subjective satisfaction of the State .Government. If such
appointments made initially by nomination are based on political con- B
J....... siderations, there can be no violation of any provision of the Constitution
in case the Legislature authorised the State Government to terminate such
appointment at its pleasure and to nominate new members in their place.

- [SOG-H]
1.02. The nommated members do not have the will or authority of C
any residents of the Municipal Board behind them as may be present in
the case of an elected member. In case of an elected member, the Legisla-
.>- lure has provided the grounds in Section 40 of the Act under which the
members could be removed, But so far as the nominated members are
concerned, the Legislature in its wisdom has proved that they shall hold D
office during the pleasure of the Government. [SlB]

1.03. Such provision neither offends any Article of the Constitution
nor the same is against any public policy or democratic norms enshrined
in the Constitution. There is also no question of any violation of principles
of natural justice Jn not affording any opportunity to the nominated E
\ members before their removal nor the removal under the pleasure doctrine
contained in the fourth proviso to Section 9 of the Act puts any stigma on
the performance or character of the nominated members. It is done purely

- on political considerations. [SID]

1.04. In Dr. Rama Mishra's case, t_he High Court wrongly held that
the pleasure doctrine incorporated u'!der the fourth proviso to Section 9
F

_.-.. of the Act was violative of the fundamental right of equality as enshrined
in Article 14 and Article 15(3) of the Constitution. [SIE]

Dr. Smt. Rama Mishra v.State of U.P. Writ Petition No. 11114of1990 G
decided on 9.12.1991 by the Allahabad High Court, over-ruled.

Prem Kumar Balmiki v. State of U.P. Writ Petition No. 1067 of 1991
decided on 13.11.1991 by the Allahabad High Court, approved.

1.05. The special provision contained for nominating ·one or two H
38 SUPREME COURT REPORTS [1993) 2 S.C.R.

A women members as the case may be provided in Section 9 of the Act would
be protected from challenge under clause (3) of Article 15 of the Constitu- Y
lion. [52B)

1.06. The provision of pleasure doctrine incorporated by adding
proviso fonr does not, in any manner, take away the right to representation
B of women members in the Board, but it only permits the State Government
to keep the nominated women members of its own choice. [52C]

1.07. The right of equality enshrined under Article 14 of the Con-

c
stitntion applies to equals and not to unequals. The nominated members
of the Board fall in a different class and cannot claim equality with the
elected members. [52E)
-
1.08. Even in the case of highest functionaries in the Government like.
the Governors, the Ministers, the Attorney General and the Advocate --'.,
General discharge their duties efficiently, though removable at the
D pleasure of the competent authority under the law, and it cannot be said
that they are liound to demoralise or remain under a constant fear of
removal and as such do not discharge their functions in .a proper manner
during the period they remain in the office. [52G)

1.09. The motion of no-confidence being supported by 20 members
E which admittedly constituted a majority of the total strength of the mem·
hers of the Board being 37, the no-confidence motion has been rightly
carried out and as a result of which.Mohd. Iqbal was not entitled to continue
as President of the Board. Similarly, Smt. Ablda and Smt. Hazra Khatoon

F
having been rightly removed as nominated members, they are no longer
entitled to continue as nominated members of the Municipal Board, Shah·
jabanpur and in their place Smt. Shyama Devi and Smt. Baijanti Devi shall
-
be entitled to continue as nominated members of the Board. [53C-D)

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 714-16 of
1993.
G
From the Judgment and Order date,d 14.9.92 of the Allahabad High
Court in Civil Misc. W.P. Nos. 20731, 23861 & 24353 of 1991.

AND
H Civil Appeal No. 717 of 1993.
OM NARAIN v. NAGAR PALIKA [KASLIWAL, J.] 39

From the Judgment and Order dated 9.12.91 of tbe Allahabad High A
Court in Civil Misc. W.P.No. 11114 of 1990.

D.V. Sehgal, Ravi Kiran Jain, Sunil Gupta, Jamshed Bey, H.K. Puri,
Mrs. Rani Chhabra and R.B. Misra for the Appellants.

Sabir Hussain Saif, Shakeel Ahmed Syed, Bahar U. Barqi, Anis B
Suhrawardy and Vijay Hansaria for the Respondents.

- The Judgment of the Court was delivered by

KASLIWAL, J. Special leave granted.
c
As common questions of fact and law are involved in all the above
cases, as such they are disposed of by one single order. First proviso to
Section 9 of the United Provinces Municipalities Act, 1916 (hereinafter
referred to as 'the Act') provided for nomination of only one woman as a
member of the Municipal Board by the State Government. Further, there D
was no provision perrnitting the State Government to cancel the nomina-
tion of such member at its pleasure. One Smt. Sarla Devi was nominated
by the State Government as the sole Woman member for the Shahjahanpur
Municipal Board (hereinafter referred to as 'the Board') in January, 1989.
By U.P. Ordinance No. 2 of 1990 later on succeeded by Ordinance Nb. 8 E
of 1990 and eventually replaced by U.P. Act No. 19 of 1990, the aforesaid
first proviso to Section 9 of the Act was substituted by another proviso
which made provision for the nomination of two women members by the
State Government. Further, a fourth proviso was also added to Section 9
of the Act which provided that the nomination of the aforesaid two
members was at the pleasure of the State Government. The aforesaid F
-~
Ordinance No. 2 of 1990 was promulgated on 15.2.1990.

Soon thereafter on 19.2.1990, a general notification was issued by the
State Government cai'tcellirig of nominations of Women members in several
Municipal Boards in Uttar Pradesh. The nomination of Smt. Sarla Devi G
also stood cancelled. On 19.4.1990, the State Government nominated Smt.
Abida and Hazra Khatoon as members of the Board under the newly
introduced fourth proviso to Section 9 of the Act. The total strength of the
Board was 37 including two nominated women members. On 22.7.199~
Mohd. Iqbal was the President of the Board and Shri Om Narain Agarwal
was the Vice-President of the Board. Some members of the Board on, H
40 SUPREME COURT REPORTS (1993] 2 S.C.R.

A 22.7.1991 initiated no-confidence motion against Mohd. Iqbal before the
District Magistrate in accordance with the procedure prescribed under
Section 87-A of the Act. The District Magistrate fixed 12.8.1991 for con-
sideration of the no-confidence motion. In the meantime, the State Govern-
ment on 2.8.1991 in exercise of its powers under the fourth proviso to
Section 9 of the Act issued notification cancelling the nominations of Smt.
B Abida and Hazra Khatoon and in their place nominated Smt. Shyama Devi
and Smt. Baijanti Devi as the two women members of the Board. On
9.8.1991 Mohd. Iqbal filed a Writ Petition No. 20731 of 1991 in the High
Court challenging the constitutional validity of the fourth proviso to Section
9 of the Act as well as the notification dated 2.8.1991 whereby the nomina-
-
c tions of Smt. Abida and Hazra Khatoon were cancelled and in their place
Smt. Shyama Devi and Smt. Baijanti Devi were nominated. Mohd. Iqbal -"\
also challenged the proceedings of no-confidence motion initiated against
him. The High Court in the aforesaid Writ Petition passed an interim order
stating that outcome of the no-confidence proceedings shall be ·subject to
D the result of the Writ Petition but did not grant any stay of no-confidence
proceedings. Smt. Shyama Devi and Smt. Baijanti Devi participated in the
meeting held on 12.8.1991 and so far as Smt. Abida and Hazra Khatoon
are concerned, they neither attended the said meeting nor claimed any
right to ·attend the same. In the aforesaid meeting held on 12.8.1991, 20
members of the Board voted in favour of the no- confidence motion out of
E the tot.al strength of 37 members of the Board. Afte1r the no-confidence
motion dated 12.8.1991 having been passed against Mohd. Iqbal, a casual
vacancy arose in the Office of the President of the Board by virtue of
Section 47-A of the Act and Shri Om Narain the then Vice-President was
elected as President of the Board. Om Narain took charge of the said
-
F Office and continued to function as President thereafter. Mohd. Iqbal then
filed another Writ Petition No. 23861 of 1991 on 20th August, 1991 cha!- .-
lenging the no-confidence motion dated 12.8.1991 passed against him. The
High Court refused to pass any stay order in favour of Mohd. Iqbal. Smt.
Abida and Smt. Hazra Khatoon also filed a Writ Petition No. 24353 of 1991
on 12.9.1991 challenging the cancellation of their nominations and nominat-
G ing Smt. Shyama Devi and Smt. Baijanti Devi in their place.

A Division Bench of the Lucknow Bench of the Allahabad High
Court in Writ Petition No. 1067 of 1991 Prem Kumar Balmiki v. State of
U.P. by order dated 13.11.1991 held that the fourth proviso to Section 9 of
H the Act was constitutional and valid and any notification issued by the State
OM NARAIN v. NAGAR PALIKA [KASL!WAL, J.] 41

Government under the said provision was also valid. Another Division A
Bench of the Allahabad High Court sitting at Allahabad in Writ Petition
No. 11114 of 1990 Dr. Smt. Rama Mishra v. State of U.P. qy order dated
9.12.1991 held that the fourth proviso to Section 9 of the Act was arbitrary,
unreasonable, unconstitutional and invalid and any notification issued
thereunder cancelling the nomination of any woman member of the Board
and nominating a new member was invalid. A Division Bench of the
B
Allahabad High Court considered all the three Writ Petitions, two filed by

- Mohd. Iqbal and one by Smt. Abida and Smt. Hazra Khatoon and by a
common order dated 14.9.1991 recorded its agreement with the decision
in Rama Mishra's case and quashed the notification dated 2.8.1991 whereby
Smt. Abida and Smt. Hazra Khatoon were ousted and in their place Smt. c
Shyama Devi and Smt. Baijanti Devi were nominated and also declared
Mohd. Iqbal to be the President of the Board. In this judgment the High
Court though followed Rama Mishra's case but failed to take notice of the
decision of the Lucknow Bench of the High Court dated 13.11.1991 given
in Prem Kumar Balmiki's case. A review application filed by Om Narain D
and others was also dismissed by the High Court by order dated 21.9.1992.

Aggrieved against the aforesaid decision of the High Court, Om
Narain Agarwal - former Vice-President, Smt. Shyama Devi and Smt.
Bailjanti Devi have come in appeal by Special Leave Petition Nos. 13621-23
of 1992. Smt. Bashiran who was a nominated woman member in the E
Municipality of Varanasi and whose nomination was subsequently can-

-- celled has filed Special Leave Petition No. 13004 of 1992 against the
judgment of the Allahabad High Court dated 9.12.1991. passed in Dr. Rama
Mishra's case.
F
The Division Bench of the High Court in the impugned order dated
14.9.1992 has agreed with the view taken in Dr. Rama Mishra's case. After
taking the aforesaid view the High Court held that the State Government
had no power to cancel the nominations of Smt. Abida and Smt. Hazra
Khatoon and to nominate Smt. Shyama Devi and Smt. Baijanti Devi in their
place. The High Court as a result of the above finding held that the G
notification dated 2.8.1991 was a nullity and that being so, the earlier
notification dated 19.4.1990 nominating Smt. Abida and Smt. Hazra
Khatooil remained operative. The High Court then considered the next
question as to what was the effect of the notification dated 2.8.1991 and
the motion of no-confidence passed on 12.8.1991. The High Court in this H
42 SUPREME COURT REPORTS (1993] 2 S.C.R.

A regard took the view that the total strength of the members was 37 and the
motion of no-confidence was carried out by 20 members including the two
nominated members Smt. Shyama Devi and Smt. Baijanti Devi. As nomina-
tion of these two women members was declared to be invalid, their par-
ticipation and voting right shall have to be ignored and in that view of the
B matter, proceedings dated 12.8.1991 shall be considered. as having been
attended only by 18 eligible members and the motion cannot be deemed
to have been carried by a ~•jority of the members consisting of at least 19

C
members. The High Court thus held that the provision of Section 87-A (12)
of the Act being mandatory and the resolution of no-confidence having not
been passed by a requisite majority the entire proceedings held on
12.8.1991 relating to the motion of no-confidence was non est and as such
-
the resolution of no-confidence passed therein was void. The High Court
also repelled the contention that till the nomination of Smt. Shyama Devi
and Smt. Baijanti Devi was declared void, all acts done by them will be
protected by de facto doctrine. The High Court also repelled the conten-
D tion that the nomination of Smt. Ahida and Smt. Ha7xa Khatoon vide
notification dated 19.4.1990 should also be declared invalid on the analogy
on which the notification dated 2.8.1991 nominating Smt. Shyama Devi and
Smt. Baijanti Devi has been declared invalid. The High Court in this regard
held that the notification dated 19.4.1990 shall remain operative unless the
same is challenged and declared to be void. It was also held by the High
E Court that in view of the interim order passed on 9.8.1991 in Writ Petition
No. 20731 of 1991 to the effect that the result of no-confidence motion shall
be subject to the decision of the Writ Petition, Section 47-A(l)(b) of the
Act cannot be invoked against the writ petitioner. The High Court after
recording the above findings passed the following operative order:-
F
"In the result the Writ Petition No. 20731 of 1991 is partly
allowed and the notification dated 2.8.1991 (Annexure No.
3 to the Petition) is quashed. The Writ Petition No. 23861
of 1991 succeeds and is allowed and the entire proceed-
ings taken up in the meeting dated 12.8.1991 including the
G resolution of no-confidence passed against the petitioner
are quashed. Annexures No. 1 and 1 A to this petition are
quashed. The respondents are directed not to interfere
with the petitioner's working as President of the Municipal
Board, Shahjahanpur. The Writ Petition No. 24353of1991
H succeeds and is allowed. Notification dated 2.8.1991 (An-
OM NARAIN v. NAGAR PALIKA [KASLIWAL, J.] 43

nexure No. 1 to this petition having been quashed, the A
respondents are directed to treat the petitioners as mem-
bers of the Municipal Board, Shahjahanpur and permit
them to act as such. No order as to costs."

Before considering the arguments advanced on. behalf of the appel-
·"'- lants, it would be necessary to state the relevant provisions of the Act B
nemely, Sections 9, 47-A and 87-A of the Act. Section 9 of the Act
including the amendment added from 15.2.1990 is reproduced as under:-
- "(Section 9. Normal composition of the board.- Except
as otherwise provided by Section 10, a Board shall consist
of:
c
(a) The President;

(b) The elected members who shall not be less than 10
and not more than 40, as the State Government may by D
notification in the Official Gazelle specify;

(c) The ex officio members comprising all members of the
House of People and the State Legislative Assembly
whose constituencies include the whole or part of the
limits of the Municipality;] E
[(d) Ex-officio members comprising all members of the
-- Council of States and the State Legislative Council who
have their residence within the limits of the Municipality.

Explanation.- F

For the purposes of this clause, the place of residence of
a member of the Council of States or the State Legislative
Council shall be deemed to be the place of his residence
mentioned in the notification of his election or nomina-
G
tion, as the case may be J :

[Provided that if none of the members elected under
clause (b), is a woman, the State Government may by a
like notification nominate one woman as a member of the
Board and thereupon, the normal composition of the H
44 SUPREME COURT REPORTS [1993] 2 S.C.R.

A Board shall stand varied to that extent] :

[Provided that if none or only one of the members elected
under clause (b), is a woman, the State Government may,
by notification, nominate two women members or one
more woman member, as the case may be, so that the
B number of women members in the Board is not less than
two and thereupon the normal composition of the Board
shall stand varied to that extent] :

[Provided further that if any member of the State Legis-
-
lative Council representing the Local Authorities Con-
c stituency does not have his residence within the limits of
any Municipality, he will be deemed to be ex-officio mem-
ber of the board of such one of the municipalities situated
within his constituency as he may choose :

D Provided also that if none of the members elected under
clause (b) belongs to safai mazdoor class, the State
Government may, by notification, nominate .a person
belonging to the said class a member of the Board, and
thereupon the normal composition of the Board shall
stand varied to that extent.
E
Explanation : -

A person shall be deemed to belong to the Safai Mazdoor
class if he belongs to such a class of scavengers by occupa-
tion or to such of the Scheduled Castes traditionally fol-
F
lowing such occupation as may be notified by the State
Governinent] :

[Provided also that a member nominated under this sec-
tion, whether before or after February 15, 1990 shall hold
G office during the pleasure of the State Government, but
not beyond the term of the Board.]"

"[47-A. Resignation of President of vote of non-con-
fidence.-

H (1) If a motion of non-condidence in the President has
OM NARAIN v. NAGAR PALIKA [KASLIWAL, J.] 45
.........,.
~
been passed by the board and communicated to the Presi- A
dent in accordance with the provisions of Section 87-A,
the President shall -

(a) Within three days or the (receipt) of such COf1!munica-
_>--._ tion, either resign his office or represent to the State
Government to (supersede) the board stating his reasons B
therefore, and

- [(b) unless he resigns under clause (a), cease to hold office
of President on the expiry of three days after the date of
receipt of such communication, and thereupon a casual
vacancy· shall be deemed to have occurred in the office of
c
the President within the meaning of Section 44-A:

Provided that if a representation has been made in ac-
cordance with clause (a) the board shall not elect a
President until an order has been made by the State D
Government under sub-section (3)].

[(2) ····1
(3) If a representation has been made in accordance with
sub-section (1), the State Government may after consider- E
ing the same [either supersede the board for such period,

- not exceeding the remainder of the term of the board, as
may be specified, or reject the representation.]

[(4) ····1 F
-·-"
[(5) ····1
[(6) If the State Government supersedes the board under
sub-section (3) the consequences mentioned in Section 31
shall follow as if there had been a supersession under G
Section 30."]

'[87-A. Motion of non-confidence against President. -

(1) Subject to the Provisions of this section, a motion
expressing non-confidence in the President shall be made H
46 SUPREME COURT REPORTS [1993] 2 S.C.R.,

A only in accordance with the procedure laid down below.

[(2) Written notice of intention to make a motion of
no-confidence in its President signed by such number of
members of the Board as constitute no less than [one-half]
of the total number of members of the Board together
B with a copy of the motion which it is proposed to make
shall be delivered in person together by any two of the
members signing the notice to the District Magistrate.]

(3) The District Magistrate shall then convene a meeting
for the consideration of the motion to be held at the office
c of the board, on the date and at the time appointed by
him which shall not be earlier than thirty and not later
than thirty-five days from the date on which the notice
under sub-section (2) was delivered to him. He shall send
by registered post not less than seven clear days before
D the date of the meeting, a notice of such meeting and of
the. date and time appointed therefor, to every member of
the board at his place of residence and shall at the same
time cause such notice to be published in such manner as
he may deem fit. Thereupon every member shall be
E deemed to have received the notice.

(4) The District Magistrate shall arrange with the District
Judge for a stipendiary civil judicial officer to preside at
the meeting convened under this section, and no other
person shall preside thereat. If within half an hour from
F the time appointed for the meeting, the judicial officer is
not present to preside at the meeting, the meeting shall
stand adjourned to the date and the time to be appointed
and notified to the members by· that officer under sub-sec-
tion (5).
G (5) 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,
but not later than fifteen days from the date appointed for
the meeting under sub- section (3). He shall without delay
H communicate in writing to the District Magistrate the
\.;

OM NARAIN v. NAGAR PALIKA [KASLIWAL, J.] 47

adjournment of the meeting. It shall not be necessary to A
...____,/
send notice of the date and the time of the adjourned
meeting to the members individually, but the District
Magistrate shall give notice of the date and the time of
the adjourned meeting by publication in the manner
provided in sub-section (3).
B
).. (6) Save as provided in sub-sections (4) and (5) a meeting
convened for t_he purpose of considering a motion under
this section shall not for any reason be adjourned.

- (7) As soon as the meeting convened under this section
bas commenced, the judicial officer shall read to the board
c
the motion for the consideration of which it has been
convened and declare it to be open for discussion.

(8) No discussion on any motion under this section shall
be adjourned. D

(9) Such discussion shall automatically terminate on the
expiry of three hours from the time appointed for the
commencement of the meeting, unless it is concluded
earlier. Upon the conclusion of the debate or upon the
E
. ..., expiry of the said period of three hours, as the case may
be, the motion shall be put to the vote of the board.

(10) The judicial officer shall not speak on the merits of
- the motion, nor shall be be entitled to vote thereon.
F
(11) A copy of the minutes of the meeting together with
-~
a copy of the motion and the result of the voting thereon
shall on the termination of the meeting, be forwarded
forthwith by the judicial officer to the (President and the)
District Magistrate(***) (:]
G
[Provided that if the President refuses or avoids to take
delivery of the copies so forwarded, the same shall be
--'· affixed at the outer door of his last known residence and
be shall be deemed to have received the same at the time
such affixation is made.) H
48 SUPREME COURT REPORTS [1993] 2 S.C.R.

A [(11-A.) As soon as may be after three days of the recipt
of the copies mentioned in sub-section (11), the District
Magistrate shall forward the same to the State Govern-
ment, together, in the event of the motion of non-con-
fidence having been carried, with a report whether or not
the President has forwarded his resignation in accordance
B with the provisions of Sections 47 and 47-A;]

[(12) The motion shall be deemed t.o have been carried
only when it has been passed by a majority of [more than

c
one-half] of the total number of members of the Board.]

[(13) If the motion is not carried by a majority as aforesaid,
or if the meeting cannot be held for want of quorum which
-
shall not be less than two-thirds of the total number of
members of the Board, for the time being, no notice of
any subsequent motion of no-confidence in the same
D President shall be received until after the expiry of a
period of two years from the date of the meeting.]

[(14) No Notice of a motion of no-confidence under this
section shall be received within two years of the assump-
tion of office by a President.]
E
[(15) Nothing done by any member of the board, the
District Magistrate, the judicial officer or the [State
Government] in pursuance of the provisions of this section

F
shall ~e questioned in any Court.]"

It was contended on behalf of the appellants that the view taken in
-
Dr. Rama Mishra's case was not correct and the view taken by the Lucknow
Bench of the Allahabad High Court in Prem Kumar Balmiki.'s case was
correct. It was submitted that the State Legislature was fully competent to
insert fourth proviso and to lay down that the nominated members shall
G hold office during the pleasure of the State Government. It was submitted
that the pleasure doctrine also finds place in several other enactments
including the Constitution of India. It was submitted that under Article 75
(2) of the Constitution, Ministers of the Central Government hold office
.during the pleasure of the President. Similarly, under Article 164 (1), the
H Ministers in the States of the Indian Union hold office during the pleasure
~-
-,

OM NARAIN v_ NAGAR PAL!KA [KASLIWAL, J_J 49

of the Governor. Similarly, under Article 76 (1), the President appoints A
'-( Attorney General for India and in view of clause 4 of the said Article this
office is held during the pleasure of the President It was also submitted
that Governors for the States are appointed by the President under Article
155 and under Article 156 (1), the Governor holds office during the
pleasure of the President. It was also contended that the Office of member
of Municipal Board is a political office, It was further argued that if the
B
~ initial appointment by 1101nination is made on political considerations,
there appears no reason why political consideration should not be allowed
to operate in terminating such appointments made by nomination. In these
~

- circumstances if the Legislature has itself added the fourth proviso to
Section 9 of the Act authorising the State Government to allow the
nominated member to hold the Office during the pleasure of the State
c
Government, there is no violation of any principle of natural justice nor
such provision is arbitrary so as to be violative of Article 14 of the
~
Constitution. It was contended that the only requirement under the second
proviso to Section 9 of the Act was that if none or only one of the members
D
elected under clause (b) is a woman, the State Government may by
notification, nominate two \\'Omen members or one more woman member
as the case may be, so that the number of women members in the Board
is not less than two, It was submitted that the State Government has not
violated the aforesaid provision inasmuch as Smt. Shyama Devi and Smt.
Baijanti Devi were nominated in place of Smt. Abida and Smt. hazra E
- --..- Khatoon and the number of two women members in the Board was kept
intact.

- Learned counsel for the private respondents submitted that once the
power of nominating the women members is exercised by the State Govern-
ment, such no1ninated men1bers cannot be removed prior to the completion
F
of the term of the Board unless they are removed on the grounds contained
- "" ' under Section 40 of the Act It was also contended that the State Govern-
me.nt cannot be allo\ved lo remove a nominated member at its pleasure
without assigning any reason and without affording any opportunity to show
cause_ Once a woman member is nominated she gets a vested right to hold G
the office of a member of the Board and the State Government cannot be
given an uncanalised, uncontrolled and arbitrary power to remove such
,----' member_ It is contended that such arbitrary and naked power without any
guidelines would be contrary to the well established principles of
democracy and public policy_ It would hamper the local bodies to act H
50 SUPREME COURT REPORTS [1993) 2 S.C.R.

A independently without any hindrance from the side of the Government.

Section 10-A of the Act prescribes the term of the Board which is
five years. Section 38 prescribes the term of office of members elected or
nominated to fill casual vacancies and reads as under:-

B "The term of office of a member elected to fill a casual
vacancy or a vacancy remaining unfilled at the general
election shall begin upon the declaration of his election
under the Act and shall be the remainder of the term of

c
the Board."

Section 39 deals with resignation by a member of the Board. Section
-
40 provides the grounds for removal of a member of the Board. Sub-section
(5) of Section 40 deals with suspension of a member. From a perusal of
the above provisions it is clear that the term of an elected or nominated
D member is co-terminous with the term of the Board. The normal term of
the Board is five years, but it may be curtailed as well as extended. If the
term of the Board is curtailed by dissolution or supersession, the term of
the member also gets curtailed. Similarly, if the term of the Board is
extended, the. term of the member is also extended. Apart from the
curtailment of the term of a member· of the Board by dissolution of
E supersession of the Board itself, the term of a member also gets curtailed
by his resignation or by his removal from office. Section 40 specifically
provides the grounds under which the State Government in the case of a
city, or the prescribed authority in any other case, may remove a member

F
of the Board. The removal under Saction 40 applies to elected ·as well as
nominated members. In respect of a nominated member, power of curtail-
ment of term has now been given to the State Government under the fourth
-
proviso to Section 9 added after the third prm~so through the amending
Act of 1990. In the cases before us, we are concerned with the removal of
nominated members under the fourth proviso to Section 9 of the Act and
we are not concerned with the removal as contained in Section 40 of the
G Act. The right lo seek an election or to be elected or nominated lo a
statutory body, depends and arises under a statute. The initial nomination
of the two women members itself depended on the pleasure and subjective
satisfaction of the State. Government. If such appointments made initially
by nomination are based on political considerations, there can be no
H violation of any provision of the Constitution in case the Legislature
OM NARAIN v. NAGAR PALIKA [KASL!WAL, J.] 51

authorised the State Government to terminate such appointment at its A
pleasure and to' nominate new members in their place. The nominated
members do not have the will or autbority of any residents of the Municipal
Board behind them as may be present in the case of an elected member.
In case of an elected member, the Legislature has provided the grounds in
Section 40 of the Act under which the members could be removed. But so
B
far as the nominated members are concerned, the Legislature in its wisdom
has provided that they shall hold office during the pleasure of the Govern-
ment. It has not been argued from the side of the respondents that the
Legislature had no such power to legislate the fourth proviso. The attack
is based on Articles 14 and 15 of the Constitution.
c
In our view, such provision neither offends any Article of the Con-
stitution nor the same is against any public policy or democratic norms
enshrined in the Constitution. There is also no question of any violation of
principles of natural justice in not affording any opportunity to the
nominated members before their removal nor the removal under the D
pleasure doctrine contained in the fourth proviso to Section 9 of the Act
puts any stigma on the performance or character of the nominated mem-
bers. It is done purely on political considerations. In Dr. Rama Mishra's
case, the High Court wrongly held that the pleasure doctrine incorporated
under the fourth proviso to Section 9 of the Act was viofative of the
fundamental right of equality as enshrined in Article 14 and Article 15 (3) E
of the Constitution. We are unable to agree with the aforesaid reasoning
of the High Court. Clause (3) of Article 15 is itself an exception to Article
14 and clauses (1) and (2) of Article 15 of the Constitution. Under Article
- 14, a duty is enjoined on the State not to deny any person equality before
the law or the equal protection of the laws within the territory of India. F
Article 15 (1) provides that the siate shall not discriminate against any
citizen on grounds only of religion, race, caste, sex, place of birth or any
of them. Article 15 (2) provides that no citizen shall, on grounds only of
religion, race, caste, sex, place of birth or any of them,. be subject to any
disability, liability, restriction or condition with regard to ·
G
(a) access to shops, public restaurants, hotels and places of public
_,..>. entertainments; or

(b) the use of wells, tanks, bathing ghats. roads and places of public
resort maintained wholly or partly out of State funds or dedicated to the H
52 SUPREME COURT REPORTS [1993) 2 S.C.R.

A use of the general public.

Thereafter Article 15 (3) provides that nothing in this Article shall
prevent the State from making any special provision for women and
children. This means that in case any special provision is made for women,
the same would not be violative on the ground of sex which is prohibited
B under clauses (1) and (2) of Article 15 of the Constitution. Thus, the
special provision contained for nominating one or two women members as
the case may be provided in Section 9 of the Act would be protected from
challenge under clause (3) of Article 15 of the Constitution. It may also be
worthwhile to note that the provision of pleasure doctrine incorporated by
C adding proviso four does not, in any manner, take away the right of
representation of women members in the Board, but it only permits the
State Government to keep the nominated women members of its own
choice. The High Court in Dr. Rama Mishra's case took a wrong view in -\
holding that the fourth proviso to Section 9 of the Act was violative of
D Article 15 (3) of the Constitution under an erroneous impression that this
provision in any manner curtailed the representation of women members
in the Board. We are not impressed with the reasoning given by the High
Court that the fourth proviso to Section 9 of the Act in any manner
deprived the fundamental right of equality as enshrined in Article 14 of the
Constitution. It is well established that the right of equality enshrined under
E Article 14 of the Constitution applies to equals and not to enequals. The 'y
nominated members of the Board fall in a different class and cannot claim
equality with the elected members. We are also not impressed with the
argument that there would be a constant fear of removal at the will of the
State Government and is bound to demoralise the nominated members in
F the discharge of their duties as a member in the Board. We do not find
any justification for drawing such an inference, inasmuch as, such contin-
gency usually arises only with the change of ruling party iri the Government. ,-
Even in the case of highest functionaries in the Government like the
Governors, the' Ministers, the Attorney General and the Advocate General
discharge their duties efficiently, though removable at the pleasure of the
G competent authority under the law, and it cannot be said that they are
bound to demoralise or remain under a constant fear of removal and as
such do not discharge their functions in a proper manner during the period ~
they remain in the office.

H Thus, in the circumstances mentioned above, we are clearly of the
OM NARAIN v. NAGAR PALIKA [KASLIWAL, J.] 53

view that the decision in Dr. Rama Mishra's case does not lay down the A
.correct law and is overruled and the view taken by the High Court in Prem
Kumar Balmiki's case (supra) is held to be correct. We do not consider it
necessary to dwell upon other arguments made before us or made and
dealt With by the High Court, as ihe above appeals can be disposed of on
the point already dealt and decided by us. Thus, as a result of the view B
taken by us, we hold that Smt. Shyama Devi and Smt. Baijanti Devi, the
two women. members had been rightly nominated in place of Smt. Abida
and Smt. Hazra Khatoon and were entitled to take part in the meeting held
on 12.8.1991 for considering the motion of no-confidence against Mohd.
- Iqbal, the President of Nagar Palika Shahjahanpur. Further, the motion of
no-confidence being supported by 20 members which admittedly con- C
stituted a majority of the total strength of the members of the Board being
37, the no-confidence motion has been rightly carried out and as a result
of which Mohd. Iqbal was not entitled to continue as President of the
Board. Similarly, Smt. Abida and Smt. Hazra Khatoon having been rightly
·removed as nominated members, they are no longer entitled to continue D
as nominated members of the Municipal Board, Shahjahanpur and in their
place Smt. Shyama Devi and Smt. Baijanti Devi shall be entitled to continue
as nominated members of the Board.

In the result, all the above appeals are allowed, the judgment of the
High Court dated 14.9.1992 in Writ Petition Nos. 20731 of 1991, 23861 of E
1991 and 24353 of 1991 and dated 9.12.1991 in Writ Petition No. 11114 of
1990 are set aside and all the aforesaid Writ Petitions stand dismissed. No
order as to costs.

- V.P.R. Appeals allowed.