Judgement

SINHA, J.: This is an appeal by special leave against the judgment and order dated 23-8-1954 of the High Court of Judicature at Bombay, dismissing the appellant s petition for a writ of quo warrant or any other appropriate writ directed against the election of the 2nd and 3rd respondents as President and Vice-President respectively of the Gadag-Betgeri Municipal Borough, the 1st respondent in this appeal.

2. The facts of this case are not in dispute and may shortly be stated as follows : The 1st respondent is a municipality governed by the provisions of the Municipal Boroughs Act (Bombay Act XVIII of 1925)Which hereinafter shall be referred to as the Act for the sake of brevity. The appellant is one of the 32 councillors constituting the municipality. The last general election to the municipality took place on 7-5-1951. The term of the councillors was three years computed from the date of the first general meeting held after the general election aforesaid -in this case 10-7-1951. In that meeting the 4th and 5th respondents were elected President and Vice-President respectively of the municipality for a term of three years. 315

The Act was amended by Bombay Act XXXV of195