S.B. Sinha, J. - (1.) In this writ application the petitioner has, inter alia, prayed for issuance of a writ of or in the nature of Mandamus directing the respondents not to give effect to the resolution dated 17.8.98 adopted by the respondents No. 4 to 13.
(2.) The petitioner was the Chairman of Dhulian Municipality. A notice for convening a meeting for removing him was issued by ⅓rd of the Councillors. As neither the petitioner nor the Vice-Chairman convened the meeting, the meeting was convened by the Councillors who had requisitioned therefor. The said notice convening the meeting was questioned by the petitioner by filing a writ application before this Court which was marked as W.P. No. 12320 (W) of 1998. Admittedly, in the said writ application, an interim order of status quo was passed by a learned Judge of this Court on 10.7.1998 and the same continued upto 29.7.98. The matter was taken up for hearing by Samanta, J. and the writ application was dismissed. Thereafter the petitioner served a notice which is to the following effect:- "In view of the order of the Hon'ble High Court, Calcutta dated 29.7.98 passed by Mr. Justice Prabir Kumar Samanta and in view of provision made under section 13(3) of West Bengal Municipal Act, 1993 read with rule 9(3) (c) of West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995, all concerned are hereby intimated that the District Magistrate, Murshidabad is the appropriate authority to act upon the Notice dated 25.6.98 signed by 10 (ten) Councillors due to efflux of time in terms of 9(3)(b) of West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995."
(3.) The said notice is contained in annexure 'C' to the present writ application. Admittedly, such a notice is not contemplated under the provisions of West Bengal Municipal Act, 1993 or West Bengal Municipal Authorities (Procedure and Conduct of Business) Rules, 1995 hereinafter referred to as the "said Rules". A meeting was thereafter convened by the requisitioning Councillors and by reason of the impugned resolution petitioner was removed from the post of Chairman of the said Municipality.;