BIRENDRA PRASAD SINHA, J.

1. This application under Articles 226 and 227 of the Constitution of India is by the Commissioners of Gaya Municipality through the Chairman. Shri Narmadeshwar Prasad Singh and four others, who are Commissioners of the said Municipality. It is directed against an order dated 18-12-1974, contained in Annexure 5 staying the operation of the resolution of the Municipal Board dated 25-11-1974. The petitioners have prayed for an issue of writ of certiorari quashing the stay order dated 18-12-1974 at Annexure 5 and for a writ of mandamus restraining respondent No. 4. Shri Kanhaiya Lal Chaurasia, from continuing as the Ward Commissioner of the Gaya Municipality.

2. The short facts leading to this application are as follows: The election of the Gaya Municipality was held in July, 1972 after a long spell of supersession of the Municipality, 32 Ward Commissioners including the petitioners and respondent No. 4. Shri Kanhaiya Lal Chaurasia were elected. Two more Ward Commissioners were co-opted by the elected Commissioners. Respondent No. 4, Shri Chaurasia was elected as the President of the Municipality. It is stated that Shri Chaurasiya tendered his resigna