Hidayatullah C.J. & Choudhuri, J.

1. This is a Letters Patent Appeal from an order of Bhutt J. in Miscellaneous Petition No 552 of 1956 decided on 21st February 1957.

2. By an order under Section 57 (2) of the C. P. and Berar Municipalities Act, 1922, the State Government superseded the Kareli Municipality for a period of two years. Certain charges were framed and a notice was sent to the Municipal Committee to show cause why it should not be superseded. The Municipal Committee sent a detailed reply, but the State Government did not accept the explanation furnished and superseded the Municipality.

3. The present petition was filed by the Municipal Committee through its President for getting the said order quashed. When Bhutt J. declined to interfere the present appeal was filed. In doing so, Bhutt J. followed a decision of the Nagpur High Court in Ramchandra Rai vs. State of Madhya Pradesh, M P. 80 of 1950, decided on 10th August 1951. That decision was given on when on an earlier occasion also the Kareli Municipality was superseded.

4. Mangalmurti and Mudholkar JJ, in the cited case laid down the law in the following words:-

In the present case the complaint made by the applicant