( 1 ) I have had the benefit of reading the Judgments of Agarwala and V. Bhargava, JJ. I do not propose to repeat the facts of case and consider it sufficient to state that I agree with the judgment of V. Bhargava, J. on the preliminary point and am of the opinion that the petition has not become infructuous because a bye-election has subsequently been held. If the argument of the learned counsel for the petitioner is accepted, the result would be that there was no vacancy in the office of the President and, therefore, the subsequent election to that office was void and of no consequence.

( 2 ) ON the other question, namely, the effect of withdrawing the resignation, I agree with the judgment of Agarwala, J. and am of the opinion that the resignation having been withdrawn by the petitioner before its acceptance by the District Magistrate, there was no right left in the district Magistrate to accept the resignation. The petitioner had a right to withdraw the resignation before its acceptance even though it was an unconditional one.

( 3 ) THE further question whether the President can withdraw his resignation after its acceptance by the District Magistrate but before the communication of that acceptance to the Committee does not arise for decision in this case, and I express no opinion upon it.

( 4 ) IN the end I would allow this petition and Issue a writ of mandamus to respondent No. 2 to refrain from claiming to be the Chairman of the Town Area Committee of Pahasu and from acting as such, and to respondent No: 1 to allow the petitioner to act as the Chairman of the said committee.

( 5 ) I think the petitioner is entitled to his costs from respondent No. 2. AGARWALA J:.

( 6 ) THIS is a petition under Article223 of the Constitution.

( 7 ) THE petitioner was the Chairman of the Town Area Committee of Pahasu, district buland-shahr. On 22-4-1955 he submitted his resignation to the District Magistrate by post. On 16-7-1955 the District Magistrate sent the resignation for verification to the Tahsildar of Khurja. The petitioner verified the resignation. Two days later, however, the petitioner sent a letter to the district Magistrate withdrawing his resignation. The letter was received by the District magistrate the next day but in spite of the withdrawal the District Magistrate accepted the resignation on 13-8-1955 and directed the petitioner to hand over charge of his office. On 14-8-1955 the petitioner handed over charge to the vice chairman Sri Balkrishna Chand mathur and it was on this date that the Town Area Com mittee received information from the district Ma gistrate that the petitioners resignation had been accepted by him. A vacancy was thereupon de clared to have occurred in the office of the Chair man. 6-9-1955 was fixed for filing of nomination papers and 26-9-1955 was fixed for the election of the new Chairman. On 6-9-1955 the present writ petition was filed in this Court as against the District Magistrate, bulandshahr, praying that the proceedings including the order of acceptance of the petitioners resignation be quashed and a writ of mandamus be issued commanding the District Magistrate, bulandshahr, to recognize the petitioner as the Chairman of the Town Area Committee, Pahasu. It was also prayed that an interim order be issued commanding the opposite party not to hold, the proposed election. The stay order was however not granted by this Court with the result that the election was held on 26-9-1955 and one Jyoti Prasad was elected as Chairman. Jyoti Prasad was then added as opposite party No. 2.

( 8 ) THE petitioners case was that under Section 8-A Clauses (3), (4) and (5), U. P. Town Areas act (Act 2 of 1914) the petitioners resignation was not effective until it was accepted by the district Magistrate, that he was entitled to withdraw it before it was accepted, that having withdrawn it", the resignation could not be accepted and there was therefore no vacancy in the office of the Chairman and all sub