MOOL CHAND SHARMA vs STATE OF UTTAR PRADESH

The Supreme Court ruled that under Section 13-D(g) of the U.P. Municipalities Act, 1916, a member of a Municipal Board does not automatically lose their rights or cease to be a member due to incurring disqualification for arrears in municipal taxes. The Court held that a writ petition dismissed in limine for being premature does not operate as res judicata in subsequent proceedings. The appeal was dismissed, affirming the validity of the no-confidence motion passed against the appellant despite the disqualification claims.