Sinha, J. - (1.) The facts in this case are shortly as follows: The Garden Reach Municipality is a Municipality in the suburbs of Calcutta, governed by the Bengal Municipal Act, 1932. The last general election of the said Municipality was held on the 5th May, 1953. Thereafter, the petitioner No. 1 was elected as the Chairman and the petitioner No. 2 was elected as the Vice-Chairman. Section 78 of the Bengal Municipal Act, 1932 (hereinafter referred to as the Act), runs as follows: "78. (1) The Chairman, or in his absence, the Vice-Chairman, shall call a special meeting of the Commissioners on a requisition signed by not less than one-third of the whole number of Commissioners of the Municipality. (2) If the Chairman or Vice-Chairman fails to give notice of a special meeting to be held within fifteen days after such requisition has been made, the meeting may be called on seven days' notice by any three of the Commissioners of the Municipality."
(2.) On the 31st March, 1954, the respondents to this application issued a notice of requisition as contemplated under section 78(1) of the Act. It is not disputed that the requisition was in proper form. The requisition called upon the Chairman to hold a special meeting of the Commissioners for considering the following list of business:- "(a) to record a vote of no-confidence against the Chairman, Garden Reach Municipality, and to remove him from his office under section 61 (2) of the B.M. Act, 1932. (b) to record a vote of no-confidence against the Vice-Chairman, Garden Reach Municipality, and to remove him from his office under section 61(2) of the B.M. Act, 1932."
(3.) It is said that the requisition was received by the petitioners on the 31st March, 1954. The Chairman issued a notice dated the 12th April, 1954, in the following terms:- "In compliance with the requisition dated the 31st March, 1954, I hereby give notice to the Commissioners, convening a special meeting to be held at the Municipal office on the 9th June, 1954, at 9 A.M.";