( 1 ) THIS petition was dismissed on merits by a Bench of this Court, of which one of us was a member, by its judgment dated May 5, 1980. The petitioner went up in appeal to the Supreme court. Before the Supreme Court a grievance was made that the High Court while disposing of the writ petition did not consider the question relating to the constitutional validity of the Uttar pradesh Municipalities (Amendment) Act, 45 of 1975, although the constitutional validity of the aforesaid Act was challenged by amending the writ petition. The respondents asserted that the constitutional validity of the amendment Act was not canvassed before the High Court during the course of hearing and the observation made by the High Court to that effect was correct. The supreme Court, however, without entering into this controversy, remanded the case to this Court to decide all questions arising before it as have not been so far decided including the question of constitutional validity of the Amendment Act.

( 2 ) SRI S. S. Ray and Sri M. P. Singh appearing for the appellant at the outset expressed regret that it was wrongly asserted before the Supreme Court that at the time of hearing the