ORDER :- The question that arises for consideration in this writ petition is whether the number of Councillors required for the resolution expressing want of confidence in a President or Vice-President of a Municipal Council by which, they stand removed from their respective offices under S. 42 (9) of the Karnataka Municipalities Act, 1964 (hereinafter referred to as 'the Act'), is two-thirds of the actual number of Councillors or two-thirds of the total number of Councillors prescribed under S. 11 of the Act

2. The petitioners in this writ petition are six Municipal Councillors of the Davangere City Municipal Council which is functioning under the provisions of the Act.

3. It is not disputed that number of Councillors of Davangere City Municipal Council fixed under S. 11 of the Act, is 35. It is also not disputed that out of 35 Councillors elected, one councillor died and another ceased to be a councillor and consequently, there are only 33 Councillors. Two resolutions dated 19-1-1978 (Exhibits A and B) expressing want of confidence in the President and the Vice-President were passed by a majority of 22 councillors out of 33 as against 11 councillors opposing the resolution