JUDGMENT

V. Bhargava , J. - This special appeal is directed against an order of a learned Single Judge of this Court dismissing a writ petition filed by the petitioner who has challenged the validity of the appointment of respondent No. 4 as Secretary of the District Board of Basti and his continued employment at present by the Zila Parishad of Basti. The ground for challenge was that respondent No. was appointed during the term of a district board of which a relation of respondent No. had been a member. It appears that one Shri Kailash Shankar a relation of respondent No. was a member of the Board upto November, 1955, and he submitted his resignation from membership on 6th November 1955. On 20th December, 1955, his resignation was accepted. The actual appointment of respondent No. 4 as Secretary of the District Board was made on 19th August, 1956. Even upto the date of appointment of respondent No. 4 the same District Board was still functioning without re-elections, so that the term of the District Board, of which Shri Kailash Shanker had been a member, was still continuing. The point raised was that, under Rule 1 of the rules prescribing qualifications and scales of pay of Distri