JUDGMENT

Jagdish Sahai, J. - This special appeal is directed against the judgment of Gyan Chand Mathur, J. dated the 20th of April, 1966, allowing writ Petition No. 142 of 1966 filed by the respondent Mata Din Singhania (hereinafter referred to as Singhania).

2. The writ petition relates to proceedings for a motion of no confidence against Singhania who was elected President of the Municipal Board of Mughalsarai on the 30th of November, 1964. On the 10th of December, 1964, he was administered oath in the following form, by a Deputy Collector nominated by the Collector of the District (Varanasi)

"I, Mata Din Singhania, having been elected President of the Municipal Board of Moghalsarai do make oath and say/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully and honestly discharge the duties of my office."

3. This form of oath was not prescribed by the U.P. Municipalities Act, hereinafter referred to as the Act, but was provided by notification No. 1974/11A-566-48 dated September 22, 1951. On the 30th of November, 1964, an amendment was made to the Act and Sec. 43-D was inserted in it. Sub-Sec. (1) of