Judgement

BACHAWAT, J. : This appeal arises out of a writ petition filed by respondent No. 1 before the Nagpur Bench of the Bombay High Court, challenging the show cause notice dated July 21, 1965 and the order dated September 29, 1965, superseding the Municipal Corporation of the city of Nagpur. In July, 1962 the term of office of the present councilors commenced. On July 21, 1965, the Government of Maharashtra issued a notice to respondent No. 1, the Mayor of the Nagpur Municipal Corporation, asking him to show cause why the corporation should not be superseded. On August 1, 1965, respondent No. 1 filed his reply to the show-cause notice. On September 29, 1965, the State Government passed the impugned order superseding the corporation under Ss. 408 and 409 of the City of Nagpur Corporation Act, 1948 (C. P. and Berar Act II of 1950). On September 30, 1965, respondent No. 1 filed a writ petition challenging the show-cause notice and the order of super-session. The High Court held that the State Government exercised its power under S. 408 on grounds which were not reasonably related to its legitimate exercise and the finding upon which the order was passed was rationally impossible o