D.M.Chandrashekhar, J. - (1.) IN this petition under Article 226 of the Constitution, the petitioner has prayed for quashing the proceedings of the meeting of the Town Area Committee, Bharatganj, (hereinafter, referred to as the Committee), held on 25-9-1976. He has also prayed for issue of a writ in the nature of mandamus directing the District Magistrate, Allahabad, not to interfere with his (the petitioner) functioning as the Chairman of the Committee.
(2.) THE material facts necessary for the decision of this writ petition, are briefly these: Bharatganj Town Area, Committee was constituted under the U. P. Town Areas Act, 1914, (hereinafter referred to as the Act). THE Committee consists of ten members including the Chairman. THE petitioner was elected as the Chairman of the Committee. Some members of the Committee presented to the District Magistrate, Allahabad, on 26-4-1976 a notice of their intention to move a motion of no-confidence against the petitioner who was the Chairman. THE District Magistrate convened a meeting of the Committee to be held on 25-9-1976 for consideration of that motion and appointed the Judge, Small Causes Court, Allahabad, (respondent 2) to preside over that meeting. On that day the motion of no-confidence was put to vote and six members of the Committee voted in favour of that motion. THE President declared that resolution as having been passed by a majority of the members present. The petitioner has contended that as the requisite majority of members had not voted for the motion of no confidence, it could not be regarded as having been passed, that hence he is entitled to continue as the Chairman of the Committee and that respondent 1 cannot prevent him from functioning as the Chairman. On the other hand, it was contended for the respondents that since six members who voted in favour of the motion of no-confidence, constituted a majority of members of the Committee, the motion must be held to have been passed as rightly declared by the Presiding Officer.
(3.) THE short question for determination in this petition, is whether the motion of no-confidence was passed by the requisite majority. For this purpose it is necessary to set out the relevant provisions of the Act and of certain other statutes. Sub-section (1) of Section 38 of the Act provides that the State Government may, by notification in the official gazette, extend to all or any Town Areas or any part of a Town Area any enactment for the time being in force in any municipality in Uttar Pradesh and declare such extension to be subject to such restrictions and modifications, if any, as it (the State Government) thinks fit.;