( 1 ) PREGNABILITY of the decision dated 14-8-97 passed in Writ Petition No. 1378/97 by a learned Single Judge of this Court is called in question by the appellant invoking the jurisdiction under clause 10 of the Letters Patent.

( 2 ) THE respondent No. 5 and respondent No. 6, the Vice-President and a Councillor of Deori Municipality respectively approached this Court under Article 226 of the Constitution seeking writ of mandamus directing the competent authority to hold election in accordance with sub-section (4) of the Section 43 of the M. P. Municipalities Act, 1961 (hereainafter referred to as 'the Act'), as a vacancy had occurred in the office of the President in the Municipal Council due to the resignation of the President, the respondent No. 4 therein. The fact situation as have been uncurtained in the writ petition are that an election of the councillors was held in the year 1994 for the Municipal Council, Deori (in short 'the Council') and subsequently in January, 1995 the appellant herein was elected to the Office of the President which was reserved for woman candidate belonging to other backward class. The respondent No. 5 was the Vice-President of the Co