Mootham, C.J. - (1.) This is an appeal from a judgment of Mr. Justice Mehrotra dated 26 -7 -1955, dismissing a petition Under Article 226 of the Constitution.
(2.) The Appellant was elected president of the Municipal Board of Konch in the district of Jalaun in October 1953. The Municipal Board consists of the president and twenty members . On or about 21 -11 -1954, notice of a proposal to make a motion of no confidence in the Appellant accompanied by a copy of the motion which it was proposed to make was sent to the District Magistrate. On the 26th November the District Magistrate issued a notice convening a meeting of the Board to be held on 29 -12 -1954. The Appellant thereupon filed a writ petition (No. 1106 of 1954) challenging the validity of the District Magistrate's order, but as the Court declined to make an interim order postponing the holding of the meeting the petition became infructuous.
(3.) At the meeting held on the 29th December a resolution of no confidence in the Appellant was passed. Thereafter on 25 -1 -55, the District Maoist ate acting Under Sec. 47 -A of the U.P. Municipalities Act, 1916, required the Appellant to resign from his office, and informed him that he must cease to act as president after 28 -1 -1955. Thereupon on 31 -1 -1955, the petition out of which this appeal arises was filed and on 26 -7 -1955, that petition and the earlier petition No. 1406 of 1954 were dismissed.;