1. THIS appeal is against a judgment of P. B. Mukharji, J., by which he ordered the issue of a writ of quo warrantor against the appellant Benoy Kumar Sen, who had been holding the office of the Commissioner of the Corporation of Calcutta under the Calcutta Municipal. Act and also a writ of mandamus; directing the State of West Bengal to remove this appellant from his office as Commissioner. These writs were issued on the application of the respondent, Satyananda Bhattacharjee, a rate-payer of the Calcutta Corporation. It may be mentioned that the application under Article 226 of the Constitution, as originally framed, asked for only a writ of quo warrantor against the appellant, Benoy Kumar Sen, and at that stage the State of West Bengal and the Corporation of Calcutta were not made parties to the application. The original application was, however, amended on the 15th May, 1958 and the State of West Bengal and the Corporation of Calcutta were brought on the record as parties and on the basis of certain new averments made as regards a resolution for the removal of the appellant from his office as Commissioner alleged to have been taken by the Corporation under the provisio