ABDUL AZIZ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by Abdul Aziz against the rejection of his writ petition praying the issue of a writ of mandums or an order or direction in the nature of mandamus directing the District Magistrate of Etawah, opposite party No. 2, not to, in any manner, interfere with the applicant's functioning as Chairman of the Town Area Committee, Jaswantnagar, on the basis of the resolution passed on the 2nd August 1956. This resolution was a non-confidence resolution passed by the Town Area Committee against the appellant who was the Chairman of that Committee.

(2.) The U. P. Town Areas Act, 1914, does not contain any provision for the passing of such a resolution by the Committee, and for the consequences which are to follow if such a resolution is passed. The Governor of Uttar Pradesh issued a notification, in the exercise of powers conferred by Sub-section (i) of Section 38 of the U. P. Town Areas Act, extending the provisions of Sections 87-A and 47-A of the U. P. Municipalities Act, 1916, to all the Town Areas in Uttar Pradesh. These sections deal with the procedure to be followed for the passing of such a non-confidence motion against the Chairman and the consequences of the passing of such a resolution by the Committee

(3.) The learned counsel for the appellant has urged in support of the appeal two of the three points he had urged before the learned single Judge. They are that Section 38 of the Town Areas Act did not authorise the Governor to extend the provisions oi the U. P. Municipalities Act to the Town Areas, and that the power exercised by the Governor in extending the provisions of the aforesaid section to the Town Areas exceeded the power he possessed under Section 38 (i) of the Town Areas Act.