( 1 ) THE petitioner, an elected Commissioner of Santipur Municipality (hereinafter referred to as the said Municipality), has challenged a notice in Annexure "a," issued by the District Magistrate, Nadia in exercise of the powers under Sub-section (4) of Section 61 of the Bengal Municipal Act, 1932 (hereinafter referred to as the said Act ).

( 2 ) AT the time material to the Rule, Shri Pratap Chandra Saha (Respondent No. 5) was the Chairman of the said Municipality. A notice dated October 9. 1976 was signed by 16 out of the 18 Commissioners of the said Municipality and was served on the District Magistrate, Nadia (Respondent No. 1), informing her thereby that they have no confidence in the Chairman of the said Municipality and requesting the said respondent No. 1 to convene a special meeting of the Commissioners under Section 61 of the said Act for the purpose of moving the following resolution:. . (VERUNACULAR MATTER OMITTED ). . The original of the notice was produced by Mr. Ghosal appearing for the Respondents Nos. 1 to 4 and a copy of the same has also been annexed with the affidavit-in-opposition of Respondents Nos. 15 to 28. The receipt of the said notice has