Das Gupta, J. - (1.) This appeal is by two unsuccessful applicants for writs of Mandamus and Prohibition. Their purpose in asking the Court to issue these writs was to ensure that the general election of the Calcutta Corporation which has been fixed to be held on 27-3-1952, should not be held on that date and further that the election should be held on some other date to be fixed by the Government of West Bengal in accordance with law.
(2.) The Corporation of Calcutta as constituted under the Calcutta Municipal Act of 1923 was superseded by an order passed under the Corporation of Calcutta (Temporary Supersession) Act of 1948 (which will be referred to hereafter for convenience as the Supersession Act), which Act was originally in force up to 31-3-1949, but by subsequest extensions is now in force up to 31-3-1952. Fresh orders superseding the Corporation of Calcutta were passed from time to time, as a result of which the Corporation of Calcutta remain superseded up to 31-3-1952. Two of the main consequences which follow on such an order being made under Section 3 are, as laid down in Section 4 of the Supersession Act, that "all the Councillors and Aldermen constituting the Corporation, all the members constituting the Committees thereof and the Mayor and Deputy Mayor of the Corporation shall, as from the date of supersession, vacate their offices as such Councillors, Aldermen, members of the Committees and Mayor and Deputy Mayor; and all the powers, duties and functions which may under the provisions of the Act or any rule or bye-law made thereunder or of any other law for the time being in force, be exercised and performed by the Corporation or any Committee thereof or by the Mayor or Deputy Mayor or by Councillors or Aldermen shall, during the period of supersession, be exercised and performed by such person (to be called the Administrative Officer) as may be appointed by the Provincial Government in that behalf." Sub-section 2 of Section 4, Supersession Act, lays down what is to happen on the expiration of the period of supersession. These provisions are in these words : "(2)(a) Before the expiration of the period of supersession, there shall be a fresh general election of Councillors and a fresh election of Aldermen in conformity with the provisions of the "Act and the persons who vacated their offices under Clause (a) of Sub-section (1) shall not be deemed disqualifies for such elections. (b) On the expiration of the period of supersession, the Corporation shall be reconstituted on the results of the elections referred to in Clause (a) in accordance with the provisions of the Act."
(3.) For the purpose of holding a fresh general election as required under Sub-section (2) (a) of the Supersession Act the Government of West Bengal issued on 10-1-1952, a notification in these words: "In exercise of the power conferred by Sub-sections 2 and 3 of Section 45 of the Calcutta Municipal Act, 1923, (Bengal Act III of 1923), the Governor is pleased to fix the following dates for the next Municipal General Elections under the said Act in the Constituencies noted below : (1) Tuesday, the 18th March, 1952 --Constituencies 1-37. (2) Wednesday, the 19th March, 1952 --Constituencies Nos. 38-75." On 11-2-1952, the Government of West Bengal issued a further notification in these words : "In exercise of the powers conferred by Sub-sections 2 and 3 of Section 45 of the Calcutta Municipal Act, 1923 (Bengal Act III of 1923) the Governor is pleased to make the following amendments in notification No. M. IE-29/51 dated the 7th January, 1952, published at page 64 of Part I of the Calcutta Gazette of the 10th January, 1952, fixing the dates for the next Municipal General Election under the said Act in the different constituencies, namely, Amendments in the said notification : (a) for the word "dates" substitute the word "date", and (b) for the words, figures, letters and brackets : (1) Tuesday, the 18th March 1952 ...Constituencies Nos, 1-37, (2) Wednesday, the 19th March, 1952, ...Constituencies Nos. 38-75 substitute the words, figures and letters Thursday, the 27th March, 1952 ..... All constituencies." Obviously, the result of this further notification is that the Government which had originally fixed the 18th and 19th of March, 1952, for holding a fresh general election as required under Sub-section (2) (a) of the Supersession Act, have now fixed 27-3-1952, for holding this election.;