RAGHUBAR DAYAL, AG. C. J.

( 1 ) THIS is an appeal by Abdul Aziz against the rejection of his writ petition praying the issue of a writ of mandums or an order or direction in the nature of mandamus directing the District magistrate of Etawah, opposite party No. 2, not to, in any manner, interfere with the applicants functioning as Chairman of the Town Area Committee, Jaswantnagar, on the basis of the resolution passed on the 2nd August 1956. This resolution was a non-confidence resolution passed by the Town Area Committee against the appellant who was the Chairman of that committee.

( 2 ) THE U. P. Town Areas Act, 1914, does not contain any provision for the passing of such a resolution by the Committee, and for the consequences which are to follow if such a resolution is passed. The Governor of Uttar Pradesh issued a notification, in the exercise of powers conferred by Sub-section (i) of Section 38 of the U. P. Town Areas Act, extending the provisions of sections 87-A and 47-A of the U. P. Municipalities Act, 1916, to all the Town Areas in Uttar pradesh. These sections deal with the procedure to be followed for the passing of such a non-confidence motion against the Chairman and th

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