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 February, 1964. Fresh election of the municipality was held on the 10th of September, 1972. On the 31st of December, 1972, the Governor of Bihar promulgated an ordinance called the Bihar Municipality (Fourth Amendment) Ordinance 1972 (Ordinance No. 175 of 1972). By that ordinance new sections were substituted in place of Sections 13, 14, 20, 29, 30, 31, 32, 33 and 35. As provided under the old Sec.13 (2), the total number of Commissioners in a Municipality could not be less than 10 and more than 40. As provided in sub-section (3) of Sec.13, the number of commissioners to be elected could not be less than four-fifths of the total number of commissioners. The amended Sec.13 (1) provides that the State Government shall by a notification in the Official Gazette fix the number of Municipal Commissioners to be elected in the prescribed manner which shall not be less than 10 and more than 36. Sub-section (2) of new Sec.13 provides that besides the total number of Municipal Commissioners fixed tinder sub-section (1) one-fifth thereof, subject to the maximum of 4, shall be co-opted by the elected members from the following categories provided that no such person has already been elected, namely, (1) women, (2) scheduled castes, (3) scheduled tribes in such municipalities where according to the last published census report, the population of such tribes exceeds five per cent, of the total population; and (4) Backward Classes. In the new Sec.20, provision has been made for co-option of the Municipal Commissioners and the election of the Chairman. As provided in sub-section (1) of that section, the District Magistrate or any other officer, not below the rank of a Deputy Magistrate, duly authorised by the District Magistrate in that behalf is required to call the first meeting of the elected Commissioners at a place and time fixed by him within 10 days from the date of the publication of the results of the election of Municipal Commissioners for the purpose of co-option of the Commissioners as provided under Sec.13 (2). The old Sec.14 (1) the Act provided for appointment of Commissioners by the State Government and Sec.14 (2) provided that the names of the Commissioners elected and appointed shall be published in the Official Gazette. Since the new Sec.13 (2) already made provision with regard to the co-option of the commissioners instead of appointment, the old Sec.14 (1) was, in effect obliterated from the statute book and the new Sec.14 merely laid down that the names of the Municipal Commissioners elected or co-opted under sub-section (1) or (2) of Sec.13 shall be published in the Official Gazette. Sec.10 of the Ordinance contains the saving clause. As provided under Sec.10 (1), notwithstanding anything contained in the Ordinance, the election of Chairman, v