A.P.Srivastava, J. - (1.) Mohammad Fayaz Khan has filed this appeal against the order of a learned Single Judge rejecting his writ petition praying for the issue of a writ of mandamus or an order or direction in the nature of mandamus to the District Magistrate of Rampur and five members of the Town Area Committee, Bilaspur in district Rampur, of which the appellant is the Chairman, not to hold any' meeting of non-confidence on the 26th of August 1956 or any other date thereafter.
(2.) The grounds on which the appellant sought the relief were that the written notice of intention to make a motion of non-confidence in the Chairman had not been signed by such number of members of the Committee as constituted not less than one half of the total number of members of the Committee, the notice being signed by five such members though the Committee consisted of ten elected members and the Chairman, that he himself had not been given notice of the meeting and that the notification of the Government in 1956 dated the 2nd May, 1956 extending the provisions of Sections 87A and 47A of U. P. Municipalities Act as modified to the Town Areas was ultra vires.
(3.) We have dealt with the question of the validity of the extension of the two sections of the Municipalities Act to the Town Areas of Uttar Pradesh by the Governor in May 1956 in our order in Special Appeal No. 22 of 1957. We held that the sections had been validly extended to the Town Areas of this State.;