( 1 ) THIS is a petition under Article 226 of the Constitution for the issue of a writ of quo-warrato submitted by the petitioner who is a registered voter in the electoral roll maintained by the Municipal Corporation, Indore, owns House No. 13 in Jati colony Indore and is a tax-payer paying annual taxes to the Indore City Municipal corporation. The petition is directed against one Radha Krishna Champalal Rattii who nas oeen appointed as the Assessment and Estate Officer in the indore City municipal Corporation. Indore City Municipal Corporation is impleaded as the second opponent.

( 2 ) THE petitioner's case is that opponent Radha-Krishna Rathi had been employed in the Indore Municipality as a Personal Assistant to the Commissioner when the madhya Bharat Municipalities Act, 1954, was in force and was applicable to the city Municipality of Indore, on 28-10-1955 Madhya Bharat Municipal Corporation act of 1956 came into force and this Act was applied to the city of Indore on 3110-1956. Prior to this application and while the Madhya Bharat Municipalities Act, 1954, was in force the Municipal Council of the Indore Municipality passed a resolution on 10-10-1958 calling appl