JUDGMENT

Mehrotra, J. - This petition was filed on behalf of the Town Area Committee, Jansath, district Muzaffarnagar, through its Chairman Sri Jagat Prasad on 11-5-1956 under Article 226 of the Constitution praying that a writ of certiorari be issued calling for the record of the proceedings u/s 36 of the UP Town Areas Act against the Town Area Committee, Jansath, from the State Government and quash its order dated 5-4-1956. A further prayer was made that a writ of mandamus be issued directing the State of U.P. to withdraw its order dated 5-4-1956 superseding the Town Area Committee.

2. In the counter-affidavit a point was taken that after the Town Area Committee was superseded the Town Area Committee as such has no right to file the present petition. On 14-11-1956 therefore another application on behalf of the members of the Town Area Committee was filed in this Court in which it was prayed that the applicants be permitted to be joined as co-Petitioners in the writ petition and by my order dated 15-11-1956 I directed that the members should be permitted to be impleaded as co-Petitioners in this case. The result therefore is that now along with the Town Area Committee the members who are mentioned in the application filed on 14-11-1956 are to be treated as co-Petitioners.

3. The facts which are set out in the affidavit filed in support of the petition are that on 23-10-1955 in pursuance of the direction of the State Government the Town Magistrate, Jansath, framed certain charges against the Town Area Committee and a copy of that was sent to the Chairman for necessary explanation. A detailed reply to the charges was sent by the Chairman on 30-11-1956 and no further explanation was called for from the Chairman. On 19-4-1956 a copy of the order passed by the Government on 5-4-1956 was handed over to the Petitioner under which the Town Committee was superseded by the State Government in the exercise of its powers u/s 36 of the Town Areas Act. It is this order of the State Government which has been challenged by means of this petition.

4. In order to appreciate the points raised by the Petitioner it is necessary to quote in extenso the order which admittedly was published in the Gazette and is the order passed by the State Government u/s 36 of the Town Areas Act. The order reads as follows:

Whereas the Governor is satisfied that the Town Area Committee, Jansath, District Muzaffarnagar, has persistently made default in the performance of the duties imposed on it under the UP Town Areas Act, 1914 (Act II of 1914) and has also abused its powers.

Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 36 of the said Act, the Governor is pleased to declare the aforesaid committee to be in default and to have abused its powers and to supersede the same with effect from the date of this notification for a period of one year or till the next general elections in Town Areas, whichever is earlier and under sub-Section 36(2)(a) of the Act to appoint the District Magistrate Muzaffarnagar to perform all the duties and to exercise all the "powers" of the Town Area Committee during the period of supersession.

The Petitioner has canvassed two points before me. Firstly, he contended that the order which was published in the Gazette Notification and a copy of which has been filed by him as annexure 'C' to the affidavit does not comply with the provisions of Section 36 of the Town Areas Act and as such must be quashed. Secondly, it is contended by the Petitioner that the materials which were placed before the State Government on which the present order has been passed are contained in the charges which were given to the Chairman and to which the Chairman gave his explanation and those charges have no relation to the grounds on which the action could be taken u/s 36 of the Town Areas Act. Section 36 of the Town Areas Act reads as follows:

36(1) If, in the opinion of the State Government a committee persistently makes default in the