Alfred Henry Lionel Leach, C.J.

1. This is an appeal under Clause 15 of the Letters Patent against an order passed by Somayya, J., which had the effect of setting aside the election of a councillor to the Corporation of Madras for the 26th Division of the City. We consider that the appeal is well founded. *

2. In 1936, the second respondent was elected a councillor for this division. In the month of November, 1940, she was convicted under the Defence of India Act, 1939, and sentenced to imprisonment for one year.. The last meeting of the Council which she attended was held on the 20th November, 1940. Section 53 (I) (i) of the Madras City Municipal Act, 1919, states that subject to the. provisions of Section 54, a councillor or alderman shall cease to hold office if he fails to attend meetings of the Council for a period of three consecutive months beginning from the date of the commencement of his term of office or of the last meeting he attended as the case may be. The second respondent underwent the full term of imprisonment and therefore was not able to attend any of the meetings of the Council for a year. Sub-section (4) of Section 53 states that in the case of a person w