( 1. ) THIS is a petition under Arts. 226 and 227 of the Constitution of india by which the petitioner who was appointed as Assistant Health Officer, Municipal corporation, Indore, challenges his transfer order from Municipal Corporation Indore to Municipal Corporation Ujjain, seeking relief to the effect that his transfer order contained in Document-8, be quashed on the ground that the provisions of sub-sections (5) and (6) of section 58 of Municipal Corporation Act, 1956 (hereinafter referred to as the act) be declared ultra vires of the Constitution and, therefore, by issuing a writ in the nature of prohibition, the provisions of sub-sections (5) and (6) of section 58 of the act, be not given effect to.

( 2. ) IN short, the case of the petitioner is that he was appointed as Assistant Health officer in the scale of pay Rs. 500 to 1150 with effect from 28-4-75 vide Order No. 30 dated 26-4-75 (Document No. 2) with all other Municipal Corporation Service benefits. The petitioners appointment was made by the respondent No. 2, Municipal corporation, Indore after obtaining the concurrence for appointment from the respondent No. 1, the State of Madhya Pradesh vide Memo. No. 156