( 1 ) THIS Order shall also govern the disposal of M. P. No. 123/87 between the same parties.

( 2 ) OMPRAKASH who is the petitioner in these two writ petitions, was the President of the Municipal Council, Ashok Nagar, District Guna. This Council had 24 members. 13 of the members tendered their resignations, to the Collector Guna. These resignations were accepted by the Collector and casual vacancy caused on account of these resignation was notified in the gazette by Notification dated 16-9-86, as contemplated by Sub-Sec. (2) of S. 40 of the M. P. Municipalities Act, 1961 (hereinafter referred to as the Act ). Subsequently, by Notification dated 12-1-1987, in exercise of powers conferred on it under S. 337 of the Act, the State Govt. dissolved the Council. Acting under the powers conferred on it under S. 328 (6) (b) of the Act, the State Government appointed an Administrator.

( 3 ) NOTIFICATION dated 16-9-86, whereby the vacancy was notified, has been challenged in this writ petition whereas the orders passed by the State Govt. under Ss. 337 and 328 (6) (b) of the Act have been challenged in writ petition No. 123/87. It has been urged by learned counsel for the pet