NASIR HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution praying that a writ of mandamus be issued to the opposite parties who are the State of Uttar Pradesh, the District Magistrate of Faizabad and the members of the Town Area Committee Bhadarsa, District Faizabad, not to interfere in any manner with the applicant's function as Chairman of the Town Area Committee Bhadarsa, District Faizabad, on the basis of the resolution said to have been passed in the meeting of 27th of August 1956.

(2.) The facts briefly which are set out in the affidavit filed in support of the petition are that the petitioner was elected Chairman of the Town Area Committee Bhadarsa in the District of Faizabad in January 1954 in a bye-election by the general electorate of the town. The Town Area Committee Bhadarsa consists of nine members and the Chairman. By a notification dated 2nd of May 1956 the State of Uttar Pradesh had applied the provisions of Sections 47-A and 87-A of the U. P. Municipalities Act to the town areas under the purported exercise of its power under Section 38 (1) of the U. P. Town Areas Act. A notice dated 27th of June 1956 under the signature of Sri R. K. Trivedi, District Magistrate of Faizabad, was served upon the petitioner. The date 27th of June 1956 is admitted to be a mistake for 27th of July 1956, In pursuance of the said notice a meeting was held on 27th of August 1956 at 10.30 a.m. at Primary School, Bhadarsa, and was presided over by the Civil Judge of Faizabad. In that meeting a non-confidence resolution was passed against the petitioner. When this petition was filed it was asserted in the affidavit that till then the Civil Judge had not communicated to the petitioner the result, of the meeting nor the copy of the resolution had been sent to him. The proceedings of the meeting, of 27th of August 1956 have been challenged by means of this petition.

(3.) The main contention raised by the petitioner is that the notification by which the provisions of Sections 47-A and 87-A have been applied to the town areas by the State Government are illegal inasmuch as they are unauthorised delegation of legislative functions. There are other points on which the validity of the notification has been challenged which I shall deal at the proper place.