Dixit, C.J.

The petitioner in this case, who is a Councilor of Rewa Municipal Council challenge the legality of the election of the non-applicant No.1 Shri Mahendra Singh as the President and of the non-applicant Nos. 2 and 3 as the Vice-Presidents of the Council. He seeks a declaration that the election is invalid and prays that it be quashed by the issue of a writ of certiorari and the respondents be restrained from giving effect to the elections.

2. Before stating the facts and dealing with the contentions advanced on behalf of the parties, it is necessary to refer to the material provisions of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act). Subsections (2), (3) and (4) of section 43 contain provisions for the election of the President and the Vice-Presidents. They run as follows:-

"43 (2) (a) After every general election the Council shall elect the President and the Vice-Presidents at its first meeting held under subsection (2) of section 55 and the President and the Vice-Presidents so elected shall hold office for a period of two years from the date on which they enter upon their offices.

(b) On the expiry of the term of the office of the Pre