Dipak Misra, J.

1. Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner, Municipal Corporation, Bhopal through its Commissioner has prayed for issue of a writ of certiorari for quashment of order dated 28.12.1996, Annexure-P.1, passed by the State of Madhya Pradesh refusing to treat the seat of councillor of ward No. 42 to be vacant and further declare that the resignation tendered by the respondent No. 2 which bears endorsement of the respondent No. 3, the Mayor of Municipal Corporation, Bhopal as a voluntary act of tendering by the councillor, the respondent No. 2 herein, and hence operative and binding on the authorities concerned.

2. The brief facts leading to filing of this writ petition are that the respondent No. 2 was elected as a councillor from Ward No. 42 of the Municipal Corporation, Bhopal. As alleged in the petition she was unhappy with some of the actions taken by the Mayor of the Municipal Corporation for which she submitted her resignation on 31-8-1996 when the meeting of the councillors was going on. The letter of the resignation was addressed to the Commissioner of the Municipal Corporation. It is