( 1 ) IN this application under Article 226 of the Constitution the question raised is as regards the validity of the election of the respondents Ramniklal Trivedi, Vasantrao kelkar and Kodumal as the President and two Vice-Presidents respectively of the balaghat Municipal Council. The petitioners, one of whom was elected to the council at the General Election and the other was selected as a councillor under section 19 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act), pray for the issue of a writ of certiorari for quashing the proceedings of the meeting at which the three respondents were elected as the President and the Vice-Presidents, and a writ in the nature of quo warranto against them for ousting them from the office they hold.

( 2 ) BY Section 3 (8) of the Act a council has been defined as meaning "municipal council constituted by or under the Act". The preceding clause of Section 3 (8) says that "councillor" means a person who is legally a member of a Council. Section 19 (1) of the Act lays down that except as otherwise provided in the Act each Council shall consist of (a) elected Councillors and (b) selected Councillors. The