( 1 ) THIS is a reference by the learned Sessions Judge Nadiad for quasing the proceedings started against the petitioner Chimanlal Kashibhai Patel against whom a charge has been levelled by opponent No. 1 under sec. 409 of the Indian Penal Code in regard to certain acts which he did while he was continuing as President of the Nadiad Municipality till a new President was duly elected. The facts leading to this reference are this way:-THE petitioner-accused was a councillor of the Nadiad municipality prior to 9/03/1958. On 9th March 1958 he was s elected as President of the Nadiad Municipality for a period of one year. After the expiry of the said period of one year on 23/03/1959 the accused was elected as President for a second term of one year. It appears that a Writ Petition No. 542 was filed immediately thereafter in the then High Court of Bombay challenging the election of the accused as President of the Municipality. An order was passed in this Writ Petition on 14/04/1959 settling aside the election of the accused President of the Municipality. Under the rules of the Municipality however the accused continued as a President till the election of a new President.