IQBAL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner Sri Iqbal Ahmad is a member of the Town Area Committee, Sikandarpur (hereinafter referred to as the Committee), The said Committee has been superseded by the State Government under Section 36 of the U. P. Town Areas Act (hereinafter referred to as the Act) by means of an order dated 8th of March, 1960, published in the issue of the State Gazette dated 19th March, 1960. The said order reads as follows :

(2.) By a subsequent notification the period of supersession has been extended by another year. The prayer in the petition is for the issue of a writ of certiorari quashing the Order of the State Government dated 8th of March, 1960, for a writ of mandamus commanding the respondents not to in any manner interfere with the functioning of the Committee and for the usual further or other reliefs.

(3.) Mr. Khare the learned counsel for the petitioner has made three submissions before me which are : (.1) that the Committee was not given an opportunity of furnishing an explanation or showing cause against the order of supersession; (2) that the charges framed are vague; and (3) that Section 36 of the Act is unconstitutional being hit by Article 14 of the Constitution.