S.N.P.SINGH, J.

1. This writ application under Articles 226 and 227 of the Constitution has been filed by the four petitioners who claim themselves to be the voters of Kishanganj Municipality.

2. Kishanganj Municipality was constituted before the Bihar and Orissa Municipal Act, 1922 (hereinafter to be called "the Act"), came into force. After the Act came into force, the Kishanganj Municipality was constituted in accordance with the provisions of the Act. By Notification No. 963/L. S. G. dated the 1st of February, 1964, the State Government, in exercise of the powers conferred by sub-section (1) of Sec.13 of the Act and in supersession of the previous notifications on the subject, fixed the total number of commissioners of the Kishanganj Municipality at 40 out of whom 32 were to be elected in the prescribed manner and 8 were to be appointed by the State Government under Sec.14 (1) of the Act. A copy of the said notification has been made Annexure 1 to the writ application. The State Government in exercise of the powers conferred under Sec.18 (2) of the Act divided the area comprised within the local limits of the municipality into 32 wards by a notification dated the 8th of