K. C. AGAR.WAL, J.:- This special appeal is directed against the judgment of a learned single Judge dated 17-9-1975, allowing the writ petition filed by Nannoomal Yadav, respondent No. 1. By the said petition the respondent No. 1 challenged the legality and validity of the order of the Commissioner dated July 21, 1975, purporting to be under Section 34 of the U. P. Municipalities Act, 1916 (hereinafter referred to as the Act). The facts are as under:-

Firozabad town has a Municipal Board consisting of twenty eight members including the President. A meeting was convened by the President of the Municipal Board for April 28, 1975 to consider a number of matters. One of the matters mentioned in the agenda was about the election of a Senior and a Junior Vice-President for the said Board. The meeting took place on the aforesaid date but as the requisite number of members to constitute the quorum were not present in the said meeting, the same was adjourned for 29th of April 1975. On April 29, 1975, thereafter members of the Municipal Board assembled in the premises of the board and passed a special resolution electing Nannoo Mal Yadav, respondent No. 1 as its Vice-President. It ap