S.M. ABDULLA AND ANR. Vs. RAHAMATULLAH KHAN AND ORS.

JUDGEMENT

(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. Sec. 78 of the Bengal Municipal Act, 1932 (hereinafter referred to as the Act), runs as follows:

(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:-

(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:-