BHARGAVA, J. :- This is a petition under Art.226 of the Constitution for the issue of a writ in the nature of Quo-warranto filed by one Masih Ullah Shah, a resident of the Municipal town of Etah directed against one Abdul Rehman Sufi, opposite-party 1, who was nominated as a member of the Municipal Board of Etah by the State Government some time about the end of the year 1950. There are further prayers for issue of direction or order or a writ in the nature of mandamus or prohibition directing opposite-party 3, the State of Uttar Pradesh, to remove opposite-party 1 from membership of the Municipal Board and to restrain opposite-party 1 from acting as a member of the Board and further directing opposite-party 2, the Chairman of the Municipal Board of Etah, not to recognise opposite party 1 as a member of the Board.

2. When this case came for hearing before us after service or notices on the opposite-parties, learned counsel for opposite parties 1 and 3 raised a preliminary objection that this application for the issue of a writ of quo-warranto could not be entertained by this Court at the instance of the petitioner, Masih Ullah Shah. Learned counsel argued that as the proced