SEN, J. : - This is a petition by Shri L. N. Trivedi, under Article 226 of the Constitution, directed against an order of the State Government dated the 25th June, 1970, for his removal as a councillor of the Municipal Council, Mahidpur, under the provisions of Section 41 (2) of the Madhya Pradesh Municipalities Act, 1961.

2. Shortly stated, the facts are these: The petitioner is an Advocate of this Court, practising at Mahidpur. He was appearing as counsel against the Municipal Council in a suit wherein the plaintiff had claimed the relief of perpetual injunction against the Council. That suit was eventually decreed and the petitioner, as counsel, had put the decree into execution. He was elected as a councillor in December, 1968. Despite his election as councillor, he continued to appear as a counsel for the decree-holder in the execution proceedings. These proceedings were taken by the decree-holder under the provisions of Order 21 Rule 32 of the Code of Civil Procedure. Meanwhile the decree-holder died and the petitioner applied for substitution of the names of his legal representatives under Order 21, Rule 16 of the Code. He also filed a vakalatnama on their behalf on