Judgement

KHANNA, J.:- On a petition under Article 226 of the Constitution of India filed by Nandlal Khodidas Barot respondent No.1 the Gujarat High Court issued a writ of certiorari and quashed order dated June 9, 1973 of the Collector, Mehsana, respondent no.3, whereby it had been held that the no confidence motion against Babubhai Muljibhai Patel appellant as the President of Kalol Municipality had not been validly passed. The High Court further held that the appellant had ceased to be President of that municipality since May 10, 1973 and that since that date he was usurper of that office. A writ of mandamus was also issued directing the appellant to refrain from functioning as the President of the Kalol Municipality. Direction was further issued to the Collector to hold fresh elections to the post of the President of Kalol Municipality. The appellant has filed this appeal by special leave against the above judgment of the Gujarat High Court.

2. Kalol Municipality in district Mehsana has 25 councillors. The appellant was elected President of the said municipality with effect from November 1, 1970. The term of the President is for a period of five years. On November 1, 1972 respond