Judgement

Appeal (No. 74 of 1945) from an order of the High Court (July 19, 1944).

The following facts are taken from the judgment of the Judicial Committee. On June 9, 1944, His Excellency the Governor of Bengal, purporting to act under the powers conferred on him by r. 51F of the defence of India Rules, made an order superseding

Law Rep. 74 Ind. App. 120 ( 1946- 1947) Moulvi Hamid Hassan Nomani V. Banwarilal Roy 79

the Commissioners of the Howrah Municipality for a period of one year, with effect from June 9, 1944, and directing that the appellant should exercise and perform all the powers and duties which might be exercised, or performed, by or on behalf of the Chairman and the Commissioners during the period of supersession.

On June 14, 1944, the High Court, on the application of the respondents, issued a rule nisi calling on the appellant to show cause why an information in the nature of quo warranto should not be exhibited against him as to by what authority he is " exercising and performing or claiming to exercise or perform the powers and duties which may be performed or exercised " by the Chairman and the Commissioners of the Howrah " Municipality.” By the said order of Ju