JUDGMENT

Mootham, C.J. - This is a petition under Article 226 of the Constitution challenging the validity of an order of the State Government superseding the Municipal Board of Saharanpur.

2. The facts are these. The Municipal Board of Saharanpur was elected on 28-10-1953, and on the 14th November the President and members took their oaths of office. Differences arose between the President and the members and at a meeting held on 27-10-1955, a motion of non-confidence in the President was passed by the Board. Thereafter on 30-12-1955, the State Government served upon the Board particulars of a number of charges against its administration and called upon it to show cause why it should not be superseded. The Board showed cause, but the State Government by an order dated 21-2-1956, directed that the Board be superseded for a period of one year from the date. It is the validity of that order which is challenged by the present petition.

3. It is necessary to set out the terms of the order of supersession as the argument for the Petitioner, who is a resident of the Municipality and entitled to vote at municipal elections, is founded upon its terms. The order reads as follows:

4. Whereas steady deterioration in the administration of Saharanpur Municipal Board has been a matter of considerable concern to Government for some time past and several complaints of serious nature have been received by Government from the public which reveal that the Board has persistently made defaults in the performance of its statutory duties.

5. Whereas on account of acute party factions, the administration of the Board has been paralysed and has resulted in the Board's failure in the discharge of its obligations in the various spheres of civil life of the town:

and whereas there have been frequent walkouts and adjournments of meetings; and there has been gross mismanagement of finances resulting in heavy liabilities on the Board, and also in the decrease of its income; and there hare also been cases of mismanagement of Board's property, and the Board failed to pass its revised budget 1953-54 as well as the budget of 1954-55 in time, and it irregularly increased the amount of grants in-aid to schools and colleges, and illegally allowed remission in house tax, and has been holding its meetings at night in contravention of its regulations, and whereas no action was taken against persons who made encroachments on the public ways.

6. Now, therefore, the Governor after taking into consideration the explanation furnished by the Board to the charges set forth against it in which it has tried to justify the deplorable state of affairs, and having found it most unsatisfactory, and having been satisfied that the Board has persisted in making default in the performance of the duties, and has exceeded and abused its powers, is pleased to order u/s 30 of the U.P. Municipalities Act, 1916 (U.P. Act No. II of 1916), that the Saharanpur Municipal Board shall be and is hereby superseded for a period of one year with effect from 21-2-1956 and accordingly the President and members of the Board shall u/s 31(a) of the said Act vacate their offices on the said date; and u/s 31(b) of the said Act to further appoint the District Magistrate of Saharanpur to exercise and perform the powers and duties of the Board with effect from the said date."

7. The contention of the Petitioner is that the Board was superseded because the State Government was satisfied that (a) it had persistently made default in the performance of its duties, (b) it had exceeded its powers and (c) it had abused its powers and while it is conceded that the statement of the shortcomings of the Board enumerated in the second and third paragraphs of the order justify the conclusion that the Board had persistently made default in the performance of its duties and exceeded its powers that statement provides no basis of fact for the further conclusion that the Board had abused its powers. It is therefore contended that the