R. Dayal, J. - (1.) This is a special appeal against the order of a learned single Judge rejecting the Appellant's writ petition praying for the quashing of the proceedings of the meeting of Haldwani-Kathgodam Municipal Board dated 18-6-1957 in connection with the no confidence motion against the Appellant.
(2.) Two points have been urged before us by the Learned Counsel for the Appellant. One is that the meeting convened on 18-6-1957 had been held beyond the period of thirty-five days allowed to the District Magistrate under sub-6. (3) of section 87 A of the Municipalities Act from the date of the presentation of the no-confidence motion to him. The second point is that the Municipal Board Haldwani Kathgodam was constituted in accordance with the provisions of section 10 of the Municipalities Act and that the Government notification varying the constitution of the Board was bad as it did not indicate that the Government was satisfied that certain circumstances rendered inadvisable the application to this municipality of the provisions of section 9 of the Act. In this connection it was further contended that even section 10 of the Municipalities Act was ultra vires as it gave very wide powers to the State Government amounting to delegation of powers to legislate.
(3.) The learned single Judge held against the Appellant on both these points.;