Tejan Chandrakar vs State Of Chhattisgarh on 7 March, 2024
27. It then referred to a decision of Hon''ble the Supreme
Court in the case of Om Narain Agarwal v. Nagar Palika,
Shahjahanpur, AIR 1993 SC 1440. In that case the Apex
Court was dealing with Section 9 of the United Provinces
Municipalities Act, 1916, which provided for nomination of
a person as member of the Municipal Board by the State
Government. The fourth proviso to Section 9 of the Act
provided that a member nominated under Section 9 shall
hold office during the pleasure of the State Government,
Neutral Citation
2024:CGHC:8141
37
but not beyond the term of the Board. Two nominated
members, challenged the cancellation of their nomination
before the expiry of their term. The Hon''ble Supreme
Court negatived the challenge by observing as under: