J. K. MISRA, J.

( 1 ) SHRI Nityananda Mohapatra, who is a member of the Orissa Legislative Assembly, has been hauled up for contempt at the instance of this Court. The background which led to the said contempt proceeding may briefly be stated. In March 1958, elections were held for the Cuttack Municipality and one Shri Mahendra Kumar Sahu was elected as the Vice-Chairman. The validity of the said Municipal elections was challenged by one Shri Bhupendra Kumar Bose and by an order dated 11-12-58 in O. J. C. No. 72 of 1958, this Court declared the elections invalid and issued a direction to the Municipal councillors restraining them from functioning as such. Consequential thereto, under the orders of the State Government under Section 404 of the Orissa Municipal Act, the District Magistrate of Cuttack took over the administration of the Municipality and remained in charge till 15-1-59. On that date, an Ordinance was passed by the Governor of Orissa validating the said Municipal Elections, notwithstanding the decision of this Court in O. J. C. No. 72 of 1958. Following the Ordinance, the next day, the District Magistrate, Cuttack handed over charge of the Municipality to the Chairman