Judgement

BHARGAVA, J. :- The appellant, K. M, Kanavi was the President of the Municipal Borough of Gadag Betgeri from 11th January 1960 to 15th March. 1963. He was removed from the Presidentship on 15th March 1963 by an order passed by the Government of Mysore for neglect of duty and incapacity under Section 21 (2) of the Bombay Municipal Boroughs Act, 1925, (No. XVIII of 1925) (hereinafter referred to as the Act") which was applicable to Gadag Betgeri, even though it was situated in the State ` of Mysore, because it was earlier a part of the State of Bombay. On the next day, i. e., on 16th March, 1963, the Government passed an order superseding the Borough. The appellant filed two writ petitions challenging these two orders of his removal and supersession of the Borough. The order of supersession was quashed by the High Court of Mysore by its judgment D/-10-4-1963 in Writ Petn. No. 492 of 1963 reported in President, Gadag-Betgiri Municipal Borough v State of Mysore, 19641 Mys LJ 147. Thereafter, elections were held for the office of the President, because the appellant had ceased to be the President under the order of removal. One Malashetti was elected as the President of the Bor