Dave, J. —This is a writ application by Ganga Dutt under Art. 226 of the Constitution of India The petitioner is Vice-Chairman of the Municipal Board at Nokha, which consists of 10 members. Non-petitioner No. 1, Bhagwan Das Taparia, is the Chairman of the said Municipal Board.

2. The petitioners case is that a special meeting of the Nokha Municipal Board was held on 1.6.57 and a resolution expressing want of confidence in the chairman, namely non-petitioner No. 1, was passed by a majority of six members. Within two months of the said resolution, another special meeting of the Board was held on 23-8 57 and this time also, another motion of no-confidence in non-petitioner No. 1 was passed by 5 members. Both these resolution having been passed under sec. 22 (9) of the Rajasthan Town Municipalities Act No. 23 of 1951 (which will hereafter be referred as the Act) non-petitioner No. 1 should be deemed to have vacated his office forthwith, but in actual fact he did not vacate his office and was still working as Chairman. It has been prayed that there being no alternative, adequate or efficacious remedy, a writ of prohibition or any other appropriate writ, direction or order should be issue

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