K.N.WANCHOO, J.

(1) THIS is an appeal by special leave against the judgment of the Assam High court. The appellant is the State of Assam and the respondent is the Cauhati Municipal Board hereinafter referred to as the Board). After the municipal election, new members of the Board began to function from 7/07/1962. The term of the members is four years and would in the normal course have expired on 6/07/1968. On 9/06/1964, the appellant issued notice to the Board under S. 298 of the Assam Municipal Act, No. XV of 1957 (hereinafter referred to as the Act). That section gives power to the State government, if it is of the opinion that a Board is incompetent to perform or persistently makes default in the performance of the duties imposed on it by or under the Act or otherwise by law, or exceeds or abuses its powers, either to dissolve the Board or to supersede it for a period not exceeding one year at a time, and where dissolution is ordered to order a fresh election as soon as possible. The section further provides that this power can be exercised by the State government after giving the Board an opportunity for submitting its explanation in regard to the matter