JUDGMENT Satish Chandra, J. - The petitioner wants that the order dated 29-12-1965 calling a meeting for the purpose of electing a Vice Chairman of the Town Area be quashed. The Chairman of the Town Area Committee Aurangabad, died. A notification for holding election to the office of the Chairman was issued. Later on that notification was cancelled. Thereafter the Sub-Divisional Officer, respondent no. 1, issued a notice dated 29th December, 1965 to the members of the Town Area Committee to meet on 5th January, 1966 at 2 p.m. for electing a Vice Chairman. This notice has been challenged in the present petition on two grounds. The first is that it was issued for malafide reasons, i.e. in order to keep the petitioner out of the office of the Chairman. It is said that the notification for the election of the Chairman was cancelled for that reason and the impugned notice was also designed to that end. The allegations are vague. They do not carry conviction. If the motive was to prevent the petitioner from being elected as the Chairman of the Town Area Committee, the notice for holding the election of the vice chairman would have not been issued. The petitioner could not at the same time be the Chairman as well as the Vice Chairman. The petitioner was not one of the existing members of the Town Area Committee. He could not, therefore, offer himself as a candidate for the office of the vice-chairman. The alleged motives have been denied in the counter affidavit. This ground has no substance. The other ground was that a Vice Chairman cannot be elected so long as there is not in existence a chairman. It is alleged that under Section 5 of the U.P. Town Areas Act, the Town Area Committee consists of the chairman and such number of elected members not less than nine nor more than fifteen, as the State Government may prescribe. When the Chairman dies, it is contended, the Town Area Committee ceases to exist. I am not impressed by this submission. The fact that the elected Chairman has ceased to be so by reason of death, resignation or refusal to function or inability to function does not affect the existence of the Town Area Committee. The Town Area Committee continues to exist, though one functionary thereof is either not in existence or has refused to function. The fact that the elected Chairman has ceased to be so by reason of death, resignation or refusal to function or inability to function does not affect the existence of the Town Area Committee. The Town Area Committee continues to exist, though one functionary thereof is either not in existence or has refused to function. Under Section 8-B 4-(3) , the office of the Chairman becomes vacant when the Chairman resigns. If the intention of the legislature was that the moment the office of the Chairman becomes vacant, the Town Area Committee shall stand dissolved, it would have made a provision for it. On the other hand, by the notification dated 16th May, 1959, the State Government extended the provisions of Section 54-A of the U.P. Municipalities Act to all Town Areas of Uttar Pradesh. Thereunder if a Chairman fails or refuses to function or is otherwise not able to function, and a Vice-Chairman has not been elected, a provision is made for the election of the Vice Chairman. This provision is not dependent or conditional upon the existence of a Chairman. It is only conditional upon the non-existence of a duly elected Vice-Chairman. It contemplates the situation where the Chairman is unable to function and there is no vice chairman also. It provides that in such a situation the Vice Chairman shall be elected in accordance with the procedure given therein. When a Chairman dies or resigns, this office becomes vacant, and the Chairman is not able to function; and the situation will be covered by Section 54-A. In that contingency the Vice Chairman will have to be elected in accordance with the provisions of Section 54-A. The impugned notice was issued under this provision. The respondent was within his powers when he issued this notice. The Petition has no merits and is accordingly dismissed with costs. Petition dismissed.