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 the consequences of the passing of such a resolution by the Committee

( 3 ) THE learned counsel for the appellant has urged in support of the appeal two of the three points he had urged before the learned single Judge. They are that Section 38 of the Town Areas Act did not authorise the Governor to extend the provisions oi the U. P. Municipalities Act to the town Areas, and that the power exercised by the Governor in extending the provisions of the aforesaid section to the Town Areas exceeded the power he possessed under Section 38 (i) of the town Areas Act.

( 4 ) WE do not agree with either of these two contentions.

( 5 ) IN support of the first contention two submissions have been made. One is that the U. P, municipalities Act extended to the State by virtue of Section 1, Sub-section (2) of the municipalities Act, and that what is already extended to the Town Areas could not be extended a second time in the exercise of powers conferred by Section 38. Sub-section (i) of the Town areas Act. The extension of the Municipalities Act to the whole of Uttar Pradesh does not mean, specially in view of the provisions of that Act itself, that all its provisions got actually enforced in the entire Uttar Pradesh merely on the coming into force of the Act on the 1st day of July 1916. The Act came into force and enabled the Governor to take certain actions. The first object was to declare certain areas as Municipalities. On that being done certain provisions of the Act were to come into force in the areas so declared. It is, therefore, possible that the Act may be extended to the Town Areas in the sense that its provisions are made enforcible in those areas. Further, it is not the U. P. Municipalities Act or any other Act as such which alone comes within the purview of sec- Section 38 (i) of the Town Areas Act. Under it certain enactments can be extended to the town Areas. The expression enactment applies not only to a complete Act but also to the various provisions in an Act. Section 38, Sub-section (i) therefore contemplates the extension to the Town Areas of some of the provisions of certain Acts instead of the entire Acts if the Governor so desires. It is the provisions of two such enactments, that is Sections 87-A and 47-A of the Municipalities Act, which have been extended to the Town Areas by the Governor in 1956. "we think that he could extend these provisions to the Town Areas in the above sense.

( 6 ) THE other submission in this connection was that Section 38 (i) may have been utilised for extending to Town Areas certain provisions of Acts not in force in the municipalities but under it the provisions of the Municipalities Act itself could not be extended to the Town Areas as that act itself created the municipalities. The Municipalities Act itself has no

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