DEBANGSU BASAK, J.

1. The petitioner seeks a direction upon the respondent no. 5 to dispose of the disqualification petition against the respondent nos. 7 to 19. The petitioner assails the vires of proviso to Section 21B(2) of the West Bengal Municipal Act, 1993.

2. Learned Senior Advocate appearing in support of the petitioner submits that, the petitioner being a tax payer and voter of Kandi Municipality, is entitled to ensure that, the candidates after being elected on the basis of a declared manifesto, does not defect. He submits that, the complaints of defection against the respondent nos. 7 to 22 ought to be looked into and considered, in accordance with law, by the respondent no. 5. He relies upon 2018 (12) SCC 61 (Bharati Reddy v. The State of Karnataka & Ors.) in support of his contention. He submits that, any person can bring to the notice of the Writ Court that, there is an infraction on the part of a statutory authority to discharge the duties enjoined on it by law. In support of his contention he relies upon 2013 (11) SCC 794 (Speaker, Orissa Legislative Assembly v. Utkal Keshari Parida). According to him, the respondent no. 5 is obliged to look into the complai