The Letters Patent Appeal and the two writ petitions were heard together and can be disposed of by a common judgment. The Letters Patent Appeal is against the Judgment of Subba Rao, J., in W.P. No. 568 of 1952. The appellant filed that application for the issue of appropriate writs, orders and directions in the circumstances of the case and in particular for the issue of a writ of mandamus directing the respondents, namely, the Madras State represented by the Secretary, Local Administration Department, Madras, and the Commissioner, the Corporation of Madras, to forbear from holding the elections to the Council of the Corporation of Madras.

Under section 55-A of the Madras City Municipal Act (hereinafter referred to as the Act) vacancies arising by efflux of time in the office of Divisional Councillors shall be filled at ordinary elections which shall be fixed by the Commissioner to take place on such days in the months of August and September immediately preceding the vacancies as he thinks fit. The Commissioner accordingly advertised in the local daily newspapers fixing a programme of elections intimating that the nominations would be received by the Revenue Officer and by h