Judgment

GAJENDRAGADKAR, J. : These two appeals are directed against the order passed by the High Court of Orissa under Art. 226 of the Constitution striking down as unconstitutional Ss. 4 and 5(1) of Orissa Ordinance I of 1959 promulgated by the Governor of Orissa on January 15, 1959. This Order was passed on the Writ Petition filed by Mr. B. K. Bose against the State of Orissa and 27 persons who were elected Councillors of the Cuttack Municipality including the Chairman and the Vice Chairman respectively. Appeal No. 525 has been filed, by the State of Orissa whereas Appeal No. 526 is filed by the said Municipal Councillors. The appellants in both the appeals obtained leave from the Orissa High Court to appeal to this Court.

2. It appears that during December, 1957 to March, 1958, elections were held for the Cuttack Municipality under the provisions of the Orissa Municipal Act, 1950 (XXXIII of 1950) (hereinafter called the Act) and the 27 appellants in Appeal No. 526 of 1960 were declared elected as Councillors. From amongst them Manmohan Mishra was elected the Chairman and Mahendra Kumar Sahu the Vice-Chairman Mr. B. K. Bose, who is an Advocate practising in Cuttack and a resident