JUDGMENT S.K. Dhaon, J. - This petition, at the instance of seven members of a certain Town Area Committee thereinafter referred to as the Committee), stems from the election of Sri Suresh Chandra Agarwal the respondent No. 5 thereinafter referred to as Sri Agarwal as the Vice-Chairman of the Committee. The election was held on 1I4th April, 1991. 2. A counter-affidavit has been filed by Sri Agarwal. A rejoinder affidavit too has been filed. The petition has not been formally admitted as yet. However, with the consent of the counsel of the parties we heard it with a view to dispose it of finally and we are doing so. 3. In November, 1988, an election of the Committee took place. Nine members were elected. The elected members included the petitioners and Sri Agarwal. One Sri Ramesh Chandra Agarwal, the elder brother of Sri Agarwal, was elected as the Chairman of the Committee. A motion of non-confidence in the Chairman of the Committee was tabled and the District Magistrate fixed 9th April, 1990 as the date of the meeting of the Committee in which the said motion was to be considered. On 5th April, 1990, the Chairman (elder brother of Sri Agarwal obtained an interim order from this court in Writ Petition No. 7382 of 1990 to the effect that the motion of non-confidence may he put to vote but the result thereof shall not he declared. The motion was put to vote on 9th April, 1990. On 29th April, 1991, this court, after perusing the report of the Presiding Officer and after recording the statement of the said Officer, vacated the interim order dated 5th April, 1990, in the said petition. This court also directed the District Magistrate to take appropriate action to give effect to the expression of non-confidence in the Chairman by the majority of the members of the Committee. 4. Section 5 of the Town Areas Act, 1914 says that a Committee shall be established for each Town Area. The Committee is to consists of : - (b) the elected members who shall not be less than nine and be not more than fifteen, as the State Government may, by notification in the Official Gazette, specify." 4A. 4. Section 5 of the Town Areas Act, 1914 says that a Committee shall be established for each Town Area. The Committee is to consists of : - (b) the elected members who shall not be less than nine and be not more than fifteen, as the State Government may, by notification in the Official Gazette, specify." 4A. Section 8A(2) of the said Act provides :- "The Chairman shall be elected by the electors of the town area at an election held simultaneously with the general election of members of the Committee." 4B. In the case of a vacancy, a fresh Chairman has to be similarly elected by the electors. It will be seen that the Chairman is as much elected as are the other members. Under Section 5 the Chairman is also a constituent part of the Committee just as elected members are. He would also be a member of the Committee. Thus, on 14th April, 1991, the total number of the members of the Committee was 12 and not 11, as stated at the Bar by Sri R. H. Zaidi, learned counsel representing Sri Agarwal, Annexure 3 to the counter-affidavit purports to be a copy of the proceedings of the meeting of the Committee held on 14th April, 1991, wherein Sri Agarwal was elected as the Vice-Chairman. This shows that in all 5 members were present including Sri Agarwal and the Chairman (his elder brother). Annexure 7 to the counter-affidavit purports to be a report of the Tehsildar concerned. In this report it is recited that on I4th April, 1991, members of the Committee, including the Chairman elected Sri Agarwal as Vice-Chairman. 5. Sub-section (II of Section 31) of the U.P. Town Areas Act provides that the State Government may make rules applicable to all or any town areas for carrying out the purposes of the Act. By means of a supplementary counter-affidavit, a copy of the Rules enforced by the notification dated 15th February, 1943 and published in the U.P. Gazette has been filed. These rules are described : "Rules for the convening and conduct of meetings made under Section 39 of the United Provinces Town Areas Act, 1914 as amended by the United Provinces Town Areas (Amendment) Act, 1929". These rules are described : "Rules for the convening and conduct of meetings made under Section 39 of the United Provinces Town Areas Act, 1914 as amended by the United Provinces Town Areas (Amendment) Act, 1929". Rule I says that meeting of the Committee will ordinarily be held once a month on any convenient day after not less than three days notice has been given by the Chairman to the members of the Committee, Rule 3 provides that at a meeting one-third of the total number of members of the Committee, including the Chairman, shall constitute a quorum. Rule 4 says that the business shall be conducted by means of motions brought forward by members and discussed. Rule 5 provides that if the opinion of the members present is not unanimous, the question shall be decided by a majority of members present and actually voting. It also says that in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote. If the Rules are valid, there can be no escape from the situation that on 14th April, 1991 in the meeting of the Committee wherein Sri Agarwal was elected as the Vice-Chairman, the quorum was complete in so far 5 out of 12 members were present and, therefore, there is no apparent illegality in the election of Sri Agarwal. 6. In the supplementary rejoinder-affidavit filed by the petitioners the existence of the aforesaid rules on the relevant date is not disputed. However, it is asserted that the Rules are ultra vires of sub-section (1) of Section 2 of the Act. S. 2 opens : "In this Act, unless there is something repugnant in the subject or context." Now we extract sub-section (1) : "An act shall be deemed to be the act of a Committee when it is done with the previous consent of, or of a majority of, all such members for the time being serving on the Committee as are not incapacitated by illness or absence from the town area from signifying their consent thereto : Provided that it is done with the previous consent of at least two members of the Committee." We may now have look at sub-section (1) minus the proviso. In plain words it means that an act shall be fictionally considered to he that of the Committee if it is done firstly, with the consent of all members of the committee barring those who cannot signify their consent either on account of illness or their absence from the town area (not the Committee) meaning thereby that they are out of station. Secondly, such an act shall again be fictionally considered to be that of the Committee if it is done with the previous consent of the majority of members of the Committee other than those who are prevented from giving their consent on account of illness or absence from the town area. If the members are present at a meeting then they will be actually or physically performing an act for and on behalf of the Committee so as to find the Committee. The question of their act being deemed to be the act of the Committee will not arise. Sub-section (1), therefore, is clearly not applicable to a situation where an act is performed by members of the Committee in the meeting of he Committee. It has application only to a situation where the members of the Committee are not physically present at its meeting. It follows that sub-section (1) deals with the situation where a decision has to be taken by the members of a Committee not in it meeting of the Committee but by adopting it different procedure. may be the process of circulation. Now, we may consider the proviso. It restricts the operation of the enacting clause by laying down that prior consent of at least 2 members of the Committee should be obtained before an act can be attributed to the Committee. To put it differently, the condition precedent to the adoption of a process other than the taking of a decision at a meeting of the Committee is the prior consent of at least two members of the Committee. Once it is held that sub-section 1 of Section 2 will have no application when it decision is taken by the members of the Committee in a meeting, the question of the Rules being ultra vires of the said provision will not arise. We may state that it is not the case of the petitioners that the rules have not been made to give effect to the provisions of the Act. We may state that it is not the case of the petitioners that the rules have not been made to give effect to the provisions of the Act. It is trite law that under the canopy of the rule-making power as contained in S. 39. rules can always be framed to supplement the provisions of any enactment. 7. We have already referred to the opening words of S. 2 and now let its find out whether there is anything repugnant in the subject or context of the relevant provisions of the U. P. Town Areas Act. S. 8B of the Act provides that the Committee shall elect a Vice-Chairman from amongst its members whenever a vacancy occurs. It is implicit in the said provision that the Chairman shall preside over the said meeting. It is also implicit that the election of the Vice-Chairman shall take place in a meeting of the Committee. 8. Sub-section (1) of section 38 provides that the State Government may, by notification in the Official Gazette, extend to all town areas or to any town area or to any part of a town area any enactment for the time being in force in any municipality in Uttar Pradesh and declare its extension subject to such restrictions or modifications, if any, as it thinks fit. It is implicit in the said provision that once the State Government exercises the power of extending any enactment to the town areas it really adopts the process of legislation by incorporation. The enactments extended to town areas become part of the U.P. Town Areas Act as they are incorporated in them. In exercise of power under sub-section (1) of S. 38, Sections 54A and 92 of the U.P. Municipalities Act had been extended to all the town areas in this State. S. 54A was extended by Notification dated 7th May, 1959 published in the U.P. Gazette dated 16th May, 1959 and S. 92 was extended by a Notification dated 9th December, 1983, published in the U.P. Gazette Extraordinary of the same date. Sub-sec. (2) of S. 54A provides, inter alia, that the meeting for the election of the Vice-Chairman shall be held at the office of the Committee and the notice of the meeting and the date and time appointed therefor shall be communicated to every member of the Committee. Sub-sec. (2) of S. 54A provides, inter alia, that the meeting for the election of the Vice-Chairman shall be held at the office of the Committee and the notice of the meeting and the date and time appointed therefor shall be communicated to every member of the Committee. Therefore, the said provision makes it explicit that a meeting of the Committee is contemplated. The subsequent provisions also indicate that an election of the Vice-Chairman can take place only at a meeting. Thus, the provisions of sub-section (1) of S. 2 can have no application in the context of S. 54A. I fit is held that under S. 8B a Vice-Chairman can he elected even without holding a meeting of the Committee the position will become rather anomalous, for, it will have to be held that in a normal situation the election of the Vice-Chairman will be held not at a meeting; whereas in an abnormal situation as contemplated in S. 54A the election has to take place only at a meeting of the Committee. 9. Section 92 of the U.P. Municipalities Act provides, inter lea, that all questions which may come before a meeting of a Board shall be decided by a majority of members present and voting. It also provides that in case of an equality of votes, the President of the meeting shall have a second or casting vote. In the context of S. 92 where a meeting of the Board is imperative sub-section (1) of S. 2 again can have no application. Therefore, the provisions as contained in S. 38, S. 54A and S. 92 delineate a scheme different to the one contemplated in sub-sec. (1) of S. 2. It, therefore, follows that the provisions of sub-sec. (1) of S. 2 not only do not fit in the context of the aforesaid provisions but are also repugnant to the said provisions. 9A. Sub-section (2) of S. 38 reads : "Where any enactment is so extended, any provision of this Act inconsistent with such extension or declared in the aforesaid notification to be inoperative shall cease to have effect so long as the extension is in force." This provision is clearly in two parts. 9A. Sub-section (2) of S. 38 reads : "Where any enactment is so extended, any provision of this Act inconsistent with such extension or declared in the aforesaid notification to be inoperative shall cease to have effect so long as the extension is in force." This provision is clearly in two parts. We are concerned with the first part as in the notification extending Sections 54A and 2 to the Town Area there is no declaration that any provision of U.P. Town Areas Act will become inoperative on account of the extension of either S. 54A or S. (2) of the Town Areas Act. However, it is clear in sub-section (2) that if any enactment, which has been extended to town areas, is inconsistent with any provision of the Town Areas Act then the provisions of the U.P. Town Areas Act, which have become inconsistent, shall become inoperative so long as the extension is in force. Assuming for the sake of argument, that sub-section (1) of S. 2 will also apply to a situation when a decision has to be taken by a Committee at its meeting, the said provision will cease to have any operation so long as S. 92 of the U.P. Municipalities Act, as extended to town areas, continues to operate in the town areas. 10. As a result of the foregoing discussion, we find no force in the only submission made on behalf of the petitioners that Sri Agarwal had been illegally elected as Vice-Chairman as the majority of the members of the Committee had not elected him. 11. The petition fails and is dismissed. However, there shall be no order as to costs.