- (1.) This is an application under Article 226 of the Constitution for an appropriate writ directing the opposite parties Nos. 1 and 3 to forbear from giving effect to a notification issued under Section 553 of the Bengal Municipal Act superseding a municipality known as the Tollygunge Municipality and also for a writ of quo warranto against the opposite party No. 2 to exhibit the authority under which he purports to exercise the powers and perform the duties of the chairman and the commissioners of the said municipality.
(2.) The municipality of Tollygunge is constituted under the Bengal Municipal Act, 1932, having its office at 9 Prince Anwar Shah Eoad, Tollygunge, in the suburbs of Calcutta.
(3.) The Petitioner No. 1 is the vice-chairman of the said municipality. The Petitioner No. 2 is a commissioner and the Petitioner No. 3 is a rate-payer of the said municipality, and the petition purports to be on behalf of all the rate-payers of the said municipality.;