S.K. Dhaon, J. - (1.) The petitioner alleges himself to be an elected Chairman of the Town Area Committee Rithora. It is averred that 9 other persons were elected as members of the Committee. The State Government nominated Sri Deena Nath as a member of the Committee to represent the Safai Mazdoor class. Thereafter U. P. Ordinance No. 2 of 1990 was promulgated. It was followed by U. P. Ordinance No. 8 of 1990. This Ordinance has been replaced by U. P. Act No. 19 of 1990. The said Act contains the same provisions which were to be found in the U. P. Ordinances No. 2 and 8 of 1990. The Ordinances purported to introduce certain amendments in Section 5 of the U. P. Town Areas Act, in so far as it provided that at least two women representing the women as a class should be nominated as members of the Committee. It retained the original provision that one member representing the Safai Mazdoor class should also be nominated as a member of the Committee. In pursuance of the said provision the respondent No. 2 and 2 women were nominated as members of the Committee. Thus, according to the petitioner himself on the relevant date the total membership of the Committee was J3, including the petitioner (the Chairman).
(2.) It is the petitioner's own case that 7 members of the Committee including the respondent No. 2 submitted a motion of no-confidence in the petitioner. The District Magistrate sent notices for convening a meeting of the Committee on 28th June, 1900 to consider the said motion. Before the meeting could be held, the petitioner came to this Court and obtained an interim order.
(3.) It is contended that the U. P. Town Areas Act does not signify as to who should be treated as a member of the Safai Mazdoor class and, therefore, arbitrary powers have been conferred on the State to nominate such a member. This contention is not correct. The Explanation to t.be second proviso to sub-section (2) of Section 5 laid down that a person shall be deemed to belong to the Safai Mazdoor class if he belongs to such a class of scavengers by occupation or to such of the Scheduled Castes traditionally following such occupation as may be notified by the State Government.;