( 1 ) BY this writ petition preferred under Article 226 of the Constitution of India the petitioner, a Municipal Councillor of the Municipal Corporation, Bhopal has prayed for declaration of Rule 3 (2) of Madhya Pradesh Municipalities (the Conduct of Business of the Mayor-in-Council/president-in-Council and the powers and Functions of the Authorities) Rules, 1998 (hereinafter referred to as 'the Rules') as ultra vires the S. 37 of M. P. Municipal Corporation Act, 1956 (Act of 23 of 1956) (for brevity 'the Act') and further to quash the said Rule by issue of appropriate writ, order or direction.

( 2 ) THE facts exposited in the petition are that the petitioner is a Municipal Councillor of Bhopal Municipal Council. The State Government amended the act by the Madhya Pradesh Nagarpalik Vidhi (Sanshodhan) Adhiniyam, 1998 (Act No. 20 of 1998 ). By virtue of the said amendment S. 37 was substituted. The substituted provision deals with constitution of Mayor-in-Council. It is putforth in the petition that the State Government in exercise of power conferred by S. 37 of the amended Act has enacted the rule 3 which deals with the constitution of Mayor-in-Council and sub-rule (