Section 56a of the Bengal Municipal Act was not ultra vires the Constitution and the Bengal Municipal Act, and the transfer orders passed by the President of the Committee were not illegal and mala fide on the face of them.

( 1 ) THE petitioners in the instant writ petition are Midwives working in the Howrah Municipality. An order of transfer of the petitioners to different wards of the Howrah Municipality was passed by the President of the Howrah Municipality on June 3, 1980 and in the instant writ petition, the legality and validity of the said order of transfer has been challenged by the petitioners on the allegation that the constitution of a committee to administer the affairs of the Howrah Municipality under Section 56a of the Bengal Municipal Act was illegal and void and as such the members of the said illegal committee had no jurisdiction to assume their offices and discharge their duties and functions as members of the said committee. Consequently, the order of transfer passed by the President of the said Committee was illegal and void. It appears that the Howrah Municipality was governed under the provisions of the Bengal Municipal Act, 1932. A new Act, namely, Howrah Municipal Act, 1965 was enacted by the State Legislature making the Howrah Municipality a Corporation and elections were held in respect of the said Howrah Municipality since converted to a Corporation sometime in May, 1967. But the Corporation could not be constituted because the said Howrah Municipal Act was challenged before this Court in a writ proceeding whereupon a Rule being Civil Rule No. 548 (W) of 1967 was issued by this Court and an interim order was also passed by this Court. It appears that Howrah Municipal Act, 1965 was thereafter repealed and in the year 1974, electoral rolls of the Municipality had also been prepared. As the State Government contemplated for an establishment of a Municipal Corporation for the city of Howrah and adjoining areas, a comprehensive bill, namely, the Howrah Municipal Corporation Bill, was drafted by the Legislative Department of the State. A draft bill for the amendment of the Bengal Municipal Act was also taken. Simultaneously a draft bill for amending Calcutta Municipal Act was also made. It appears that the Bengal Municipalities Amendment Bill was passed by the West Bengal Legislative Assembly and the assent of the said Bill was given by the President of India on 1st Jan. , 1981 and the new Act has now come into force. Under the provisions of the said amended Act, elections in 87 Municipalities out of 93 Municipalities in the State of West Bengal have already been held. As the earlier election of the Howrah Municipality was abortive, the State Government in order to run the administration of the Howrah Municipality appointed an Executive Officer under Section 67a of the Bengal Municipal Act sometime in the middle of 1967 and such appointment was extended from time to time. It is the case of the State Government in the instant Rule that as it was contemplated to introduce a comprehensive bill relating to the Howrah Municipality, no election could be held in respect of the Howrah Municipality before the proposed bill was enacted and the assent of the President was received. But in 1977, the State Government thought it desirable that instead of administering the Municipality with the help of an Executive Officer, an Advisory Committee should be appointed and according to the State Government, such Advisory Committee was constituted under Notification dated 30th Aug. , 1977. It appears that the Constitution of the Advisory Committee was challenged and the State Government rescinded the said Notification appointing an Advisory Committee. Thereafter, with a view to have popular voice in the civic administration, pending regular election, the State Government issued notification dated 28th Feb. , 1978 appointing a committee of 30 members under the provision of Section 56a of the Bengal Municipal Act, 1932. It appears that one Sri Sureswar Dutta challenged the validity of the said notification appointing a committee of 30 members in the Constitutional Writ Jurisdiction of this Court in Matter No. 336 of 1978. The said R