Wanchoo, C. J.—This is an application under Art. 226 of the Constitution of India by Arjun Singh for the issue of a writ of quo warranto and mandamus or any other suitable writ or order against the respondents, asking them not to collect any tax from the applicant.

2. The main respondent in the case is the Municipal Board of Karanpur (hereinafter called the Board) through the Secretary, and the State has also been made a party along with the Chairman and members of the Board. The main relief claimed by the applicant is that the Board should be asked not to collect any tax from the petitioner. The grounds on which this relief is claimed may be narrated seriatim:

(1) The term of office of the chairman and the members of the Board expired on the 27th of September, 1954, if not earlier, and as such, the chairman and the members cannot legally function, and were not authorised to collect taxes, or to appoint persons for that purpose, and the persons so appointed were not authorised to demand and collect taxes.

(2) The Board did not follow the procedure prescribed under the Rajasthan Town Municipalities Act (No. XXIII) of 1951 (hereinafter called the Act), and did non publish the proposed r

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