Dixit, J.

1. By this application under Article 226 of the Constitution the petitioner, who is a Councilor of Maihar Municipal Council, challenges the legality of the election of the non-applicant No.4 Inayatullah Khan as President of the Council. He seeks a declaration that the election is invalid and prays that the proceedings of the meeting culminating in the election of the non-applicant No.4 as the President be quashed by the issue of a writ of certiorari.

2. The election under challenge was held on the death of on Sunderlal who was the President of the Council and who died on 21st June 1967. It was held at a meeting of the Council convened on nod July 1967 and presided over by the Sub-Divisional Officer of Maihar.

3. In challenging the legality of the proceedings of this meeting and the validity of the election of the respondent No.4. Shri Dube, learned council for the petitioner, first urged that under section 43 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act) the President could be elected only at the first meeting of the Council and as the meeting held on 22nd July 1967 was not the first meeting, therefore, the election of the non-appli