K.S. Radhakrishnan, J.

The cardinal question that has come up for consideration before us is whether we should issue a writ of quo warranto against a' duly elected Deputy Chairperson of a Municipality on the sole ground that he could not make and subscribe his oath of office before the Chairperson not due to his fault, but due to non election of the Chairperson.

2. Deputy Chairperson was duly elected by the elected councilors of the Municipality and was/is ready and willing to make and subscribe his oath before the Chairperson if elected. Can the mandate of the electorate be ignored for the, sole reason of non availability of the Chairperson before whom the elected Deputy Chairperson has to make and subscribe his oath of office. Should the will of the electorate succumb to, such man made situations thereby making the democratic process, a mockery. Whether the court should exercise its discretion by issuing a writ of quo warranto to unseat a duly elected Deputy Chairperson of the Municipality, defeating, the democratic process especially when the elected Deputy Chairperson is not at fault. These are some of the issues that have come up for consideration in these cases, for