Bose, J.

1. THIS is as appln. under Article 226, Const. Ind., for a writ in the nature of Mandamus or in the nature of Quo Warranto or for such further or other order as to this Ct. may seem fit and proper.

2. A Rule nisi was issued by B. K. Guha J. on 10-10-1950 and the matter has now come up before me for the hearing of that Rule. The facts are that in February 1950 eleven out of the 17 elected Comrs. of the Bally Municipality including the petnr. made a representation to the Secretary, Dept. of Local Self-Government, West Bengal, making serious allegations against the opposite party, the Chairman of the Municipality in relation to the management of the affairs of the Municipality. In the enquiry started by the Govt. as a result of such representation the majority of the charges brought against the opposite party were proved and the Govt. was of the opinion that the only course left was to remove the opposite party from the office of Chairman.

3. ONE of the Comrs. having left for Pakistan, the Govt. announced his removal from office on 14-7-1950 and declared his seat as vacant.

4. AT a special meeting convened upon the requisition of the said eleven Comrs. to consider a re