Mehrotra, J. - (1.) This petition was filed on behalf of the Town Area Committee, Jansath, district Muzaffarnagar, through its Chairman Sri Jagat Prasad on the 11th of May 1956 under Article 226 of the Constitution praying that a writ of certiorari be issued calling for the record of the proceedings under Section 36 of the UP Town Areas Act against the Town Area Committee, Jansath, from the State Government and quash its order dated the 5th of April 1956. A further prayer was made that a writ of mandamus be issued directing the State of U.P. to withdraw its order dated the 5th of April 1956 superseding the Town Area Committee.
(2.) In the counter-affidavit a point was taken that after the Town Area Committee was superseded the Town Area Committee as such has no right to file the present petition. On the 14th of November 1956 therefore another application on behalf of the members of the Town Area Committee was filed in this Court in which it was prayed that the applicants be permitted to be joined as co-petitioners in the writ petition and by my order dated the 15th of November 1956 I directed that the members should be permitted to be impleaded as co-petitioners in this case. The result therefore is that now along with the Town Area Committee the members who are mentioned in the application filed on the 14th of November 1956 are to be treated as co-petitioners.
(3.) The facts which are set out in the affidavit filed in support of the petition are that on the 23rd of October 1955 in pursuance of the direction of the State Government the Town Magistrate, Jansath, framed certain charges against the Town Area Committee and a copy of that was sent to the Chairman for necessary explanation. A detailed reply to the charges was sent by the Chairman on the 30th of November 1956 and no further explanation was called for from the Chairman. On the 19th of April 1956 a copy of the order passed by the Government on the 5th of April 1956 was handed over to the petitioner under which the Town Committee was superseded by the State Government in the exercise of its powers under Section 36 of the Town Areas Act. It is this order of the State Government which has been challenged by means of this petition.;