Judgement

DAS GUPTA, J.: Is the requirement of three clear days notice for the holding of a special general meeting as embodied in S. 27(3) of the Mysore Town Municipalities Act 1951, a mandatory provision? That is the main question which arises for decision in this appeal.

2. The appellant was elected as the President of Holenarsipur Municipality on September 11, 1962. At a special general meeting of the Municipal Council held on October 14, 1963, a resolution was passed in the following terms:-

"This Council has no confidence in the Municipal President of Holenarsipur Municipality."

3. On November 2, 1963 Mr. Narasimhiah, the President of the Council applied to the High Court of Mysore under Art. 226 of the Constitution praying for the issue of an appropriate writ quashing the proceedings of the meeting which culminated in the resolution of no confidence against him. Prayers were made also for some consequential reliefs.

4. Holenarsipur Municipality has twenty Councillors. Thirteen out of them sent a request to the President to convene a special general meeting to discuss a resolution expressing no confidence in him as President. This request was handed over to the President on 25th S