( 1 ) THIS is an application under Article 228 of the Constitution of India made by Sri Mahesh chandra and Sri Bisheshwar Dayal, who at the date of the presentation of the petition were senior and junior Vice Presidents respectively of the Municipal Board of Hapur for a writ in the nature of quo warranto directing the opposite party to show bv what authority he Duroorts to claim to be a full-fledged President of the Municipal Board of Hapur and claims to act as president of the Municipal Board of Hapur without any Incapacity. A writ of mandamus has also been prayed for preventing him from acting as President of the municipal Board of Hapur. The opposite party is Sri Tara Chand Modi who was elected the president of the Municipal Board in October 1953 at the general elections of that year by direct election by the electors of the Municipality under Section 43 (2) of the then U. P. Municipalities act (U P. Act, II of 1916), hereinafter to be referred to as the Act. Subsequently by an amendment the election of a President has been made indirect and the president is elected on the system of proportional representation by means of the single transferable vote and by secre