1. By this writ application filed by the Secretary, Free Legal Aid Clinic, Ranchi, the petitioner prayed for a writ of mandamus directing the respondents to conduct and hold the election of the Ranchi Municipal Corporation, which has not been done since it came into existence from 15-9-79. On request made by the petitioner, Sri B.B. Sinha, Advocate appeared as Amicus curiae and Sri P.K. Sinha, Advocate, who appeared as an intervenor, also rendered assistance to the Court.

2. Ranchi Municipal Corporation was established and constituted under the Bihar Municipal Corporation Act (Bihar Act 12 of 1978). By Govt, notification No. S.O. 1408, dt. 15-9-79, the provisions of the Patna Municipal Corporation Act 1951 (Bihar Act 13 of 1952) was made applicable to the Ranchi Municipal Corporation.

3. Before the establishment of the Corporation, two municipalities were functioning under the Bihar and Orissa Municipal Act 1922, one at Ranchi and the other at Doranda. Under S.29 of the Bihar and Orissa Municipal Act 1922, the last election of the Ranchi Municipality was held sometimes in the year 1964. In accordance with the provisions of the Municipal Act, the elected Commissioners were to hold office for five years commencing from the date of the general election of the Commissioners in the Municipality, Likewise, the Chairman, Vice-Chairman and the President were to hold office for five years. Admittedly, since the last general election of the municipality in the year 1964, the municipal election was never held and it came to be superseded on 30-4-77, Even after its supersession in April 1977, no election was held and on 15-9-79 the Corporation was established and constituted.

4. The power to supersede a municipality is provided by S. 385 of the Bihar and Orissa Municipal Act, and it reads as follows :-

Sec.385 - "Power to Supersede Commissioners in case of incompetency, default or abuse of powers - "If, in the opinion of the State Government, Commissioners of any Municipality are not competent to perform, or persistently make default in the performance of the duties imposed on them by or under this Act or otherwise by law, or exceed or abuse their powers, the State government may, by an order published with the reasons for making it in the official Gazette, declare such Commissioners to be incompetent or in default, or to have exceeded or abused their powers, as the case may be, and supersede them for a period to be specified in the order or may, after giving notice to the Commissioner for its intention, by a like order, direct that the office of the Commissioners shall be deemed to be vacant as from a date to be specified in the order and that a fresh election shall be held on or before that date."

Sec.386 deals with the consequences of supersession :-

"386. Consequences of Supersession (1) When an order of supersession has been passed under the last preceding section, the following consequences shall ensue- (a) all the Commissioners, as from the date of the order vacate their offices as such Commissioners;

(b) all the powers and duties which may, under the provisions of this (or any other Act), be exercised and performed by the Commissioners whether at a meeting or otherwise shall during the period of supersession, be exercised and performed by such person or persons as the State Government may direct;

(c) all property vested in such Commissioners shall, during the period of supersession, vest in the Government.

(2) On the expiration of the period of supersession specified in the order, unless the State Government otherwise directs, the municipality shall be re-established by election and appointment, and the persons who vacated their offices under Cl. (a) of sub-sec. (1) shall not be deemed disqualified for election or appointment.

(3) When an order directing that the offices of the Commissioners shall be deemed to be vacant and that a fresh election shall be held has been passed under the last preceding section (a) all the Com