Tapen Sen, J. - (1.) In this writ petition the petitioner, who is the Chairman of the Murshidabad Municipality, prays for the issuance of Writ of Mandamus commanding upon the respondents not to give effect to a notice dated 11.11.2008 (Annexure-P) as well as the subsequent notice dated 19.11.2008 (Annexure P-6) and also to refrain from acting in terms of the notice dated 04.12.2008 as contained in Annexure P-10. The Petitioner further prays for an order restraining the Respondents from holding any meeting and/or from giving effect to any resolution that may be adopted in such a meeting concerning his removal.
(2.) The petitioner further prays for an order commanding upon the respondents to allow him to continue functioning as Chairman of the said Municipality.
(3.) The petitioner has stated that the Murshidabad Municipality is composed of 16 (Sixteen) elected Councillors, but, referring to Annexure P-7, states that on 28.3.2008, one of the said Councillors, namely, Smt. Shyamasri Chakraborty, had resigned which was subsequently accepted in a Meeting of the Councillors held on 25.9.2008, vide Annexure P-8 and as such the number of Councillors had been reduced to 15 (Fifteen). There is also no dispute amongst the learned Counsel appearing for the parties that on the resignation of Smt. Shyamasri Chakraborty, the Murshidabad Municipality had only 15 (Fifteen) Councillors on and from the date of acceptance of the resignation on 25.9.2008.;