Hari Swarup, J. - (1.) This petition has been filed for quashing an order issued by the District Magistrate in purported exercise of power under Section 54-A(1) of the U.P. Municipalities Act. By this order the District Magistrate appointed Ram Yaga Singh, Deputy Collector, Ghazipur to exercise and perform the powers and functions of the President, Municipal Board, Ghazipur on his behalf with effect from 6-12-1974 until a President or Vice-President was elected by the Board.
(2.) The facts leading to the passing of the order are as follows : "A motion of no confidence was passed against the President of the Municipal Board on October 1, 1273. On December 6, 1973 two Vice-Presidents were elected. Sri B.N. Verma was elected as a Senior Vice-President and Sri V.N. Maheshwari was elected as junior Vice-President. The term of office of the Vice-President under Section 54 is of one year, Sri Maheshwari resigned on November 25, 1974. On December 4, 1974, Ballabh Das Agarwal, the present petitioner was elected junior Vice-President. On December 5, 1974 the District Magistrate passed the impugned order."
(3.) Under Section 54-A the District Magistrate can exercise the power provided there is no elected President and there is also no elected Vice-President or there is Vice-President who is unable to function. According to the respondents, the term of Mr. Verma had expired on December 5, 1973 and the election of the petitioner was invalid as it had been made by a special resolution without following the procedure prescribed by sub sections (2) to (9) of Section 4-A of the Municipalities Act. According to the respondents, therefore, contingency existed for taking action under Section 54 A (1) of the Act. On the other hand, the contention of the learned counsel for the petitioner is that the petitioners election on December 4, 1974 was an election cade in accordance with law and contingency by Section 54-A (1) did not exist. It is not denied by the respondents that if the election of the petitioner was valid, the contingency did not exist. The only question, therefore, to be determined is whether the petitioner was validly elected or not.;