VISWANATHA SASTRI, J.

( 1 ) THIS is a petition by three rate-payers and electors of the Vijayawada Municipalty praying for the issue of a writ of mandamus directing the respondents, the Commissioner of Vijayawada Municipality and the Regional inspector of Municipal Councils and Local Boards, not to hold the municipal elections for Wards Nos. 7, 12, 15 and 30 of the Municipality on 26th March, 1956, as notified by them. It is common ground that the Councillors elected at the last ordinary elections for these Wards vacated their seats, for one reason or another, before their term of three years was over and that casual vacancies as defined in section 3 (7) of the Madras District Municipalities Act (hereinafter referred to as "the Act") occurred in the office of councillors for these wards before October, 1955. It is to fill up these casual vacancies that casual elections have been fixed to be held on 26th March, 1956. There were earlier attempts by some of the ratepayers by means of suits in the District Munsif s Court, Vijayawada, to restrain the respondents from holding elections for filling up these casual vacancies but they proved unsuccessful.

( 2 ) UNDER section 8 (1) of the Ac

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