( 1 ) THIS is an appeal from a judgment of Sabyasachi Mukharji, J. by which he discharged the Rule nisi issued on an application under Article 226 of the Constitution. The application was made by the Commissioners of the Ranigunj Municipality seeking to have a notification issued by the Government of West Bengal in exercise of the powers conferred by Section 67-A of the Bengal Municipal Act 1932 rescinded by a Writ of Mandamus or any other appropriate Writ. The instant appeal has been preferred by the Commissioners of the said Municipality questioning the correctness of the order dismissing the Writ petition.

( 2 ) THE appellants were elected as commissioners of the Ranigunj Municipality in May, 1967. At a meeting held sometime in June, 1967 the Commissioners elected the office bearers of the Municipality and the first and the second appellant were respectively elected the Chairman and the Vice-Chairman of the Municipality. The appellants' term of office as Commissioners and office bearers was to expire on June 29, 1971 but by a notification dated March 19, 1971 it was extended till December 31, 1971. By the impugned notification No. 3871/mim-48/71, dated August 16, 197