- (1.) A judgment and order dated January 2, 2020 passed by a learned Judge of this Court allowing W.P. 42 (W) 2020 on the first day the writ petition was moved, is under challenge in this appeal under clause 15 of the Letters Patent at the instance of the respondents 6 to 8 therein. By such order, a notice dated December 30, 2019 stood quashed and it was observed that any action in furtherance of such notice would be of no consequence. An application for stay has been taken out in connection with the appeal, which is under consideration before us now. While hearing the application for stay, it appears to us that certain substantial questions of law have emerged for consideration, viz. : i) Whether the respondent no.1 had the locus standi to present the writ petition? ii) Whether the writ petition could have been entertained and ultimately allowed without there being a challenge to a resolution that was adopted on January 2, 2020 itself in the forenoon removing the Chairman of Bhatpara Municipality (hereafter the chairman) from office in pursuance of the impugned notice dated December 30, 2019? iii) What is the true meaning of the words convene a meeting within 15 days from date of receipt of requisition as in Rule 9(3)(b)(i) of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995 [hereafter the 1995 Rules]? In other words, does 'convene' mean only calling a meeting within 15 days or does it also include calling and assembling within 15 days? We do not wish to abdicate our duty to decide the aforesaid questions but sight cannot be lost of the fact that in a democratic polity governed by the rule of law, it is imperative that the elected holder of a public office like the chairman of a municipality enjoys the trust and confidence of the other councillors, who form the Board. Since there is, prima facie, material to show that the chairman of Bhatpara Municipality, at present, does not enjoy the trust and confidence of majority of the councillors and that the direction given by the learned Judge in the impugned order would, unless interfered with, result in the chairman holding on to his office despite not enjoying the trust and confidence of the other councillors, we considered it just and ethical for the chairman to first prove his majority support in a floor test. Accordingly, we suggested to the parties for agreeing to a floor test tomorrow at 1-00 P.M. at the office premises of Bhatpara Municipality. Mr. Bandopadhyay, learned senior advocate for the appellants/applicants and Mr. Bhattacharya, learned senior advocate appearing for the respondent no.1 have agreed to such floor test. We, however, record that Mr. Bhattacharya has expressed concern as to whether all the councillors of Bhatpara Municipality can at all be contacted for the purpose of their assembly and participation in the meeting at 1-00 P.M. tomorrow. Having regard to the imminent need to ascertain whether the chairman enjoys the trust and confidence of the other councillors and particularly when the chairman did not challenge the notice dated December 30, 2019 independently by initiating any legal proceeding, the concern expressed by Mr. Bhattacharya may not detain us from directing such a floor test for which the conditions are also otherwise conducive. In that view of the matter, we direct that there shall be a meeting at the office premises of Bhatpara Municipality tomorrow at 1-00 P.M. The chairman shall by 7-00 P.M. today, issue a notice and paste the same on the notice board of Bhatpara Municipality informing all concerned of the meeting to be held tomorrow for proving that he has majority support. Apart from the above, the District Magistrate, North 24-Parganas (hereafter the district magistrate) shall also issue similar notice and have the same pasted on such notice board. The meeting shall be presided over by a councillor elected by the Board of Councillors of Bhatpara Municipality present in the meeting, in terms of the statutory mandate contained in Rule 13(2) of the 1995 Rules. The district magistrate shall remain present in the meeting and conduct its proceedings, in consonance with Rule 13(3) of the 1995 Rules. The police and the civil administration shall ensure that no hindrance is caused to any councillor of Bhatpara Municipality to attend the meeting and if the situation so demands, appropriate steps shall be taken in accordance with law to secure law and order. The district magistrate shall place before us a report of the proceedings of the meeting in a sealed cover on next Thursday at 10-30 A.M., when this application shall be listed next. This order is passed without prejudice to the rights and contentions of the parties to the appeal. ;